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unto and to the use of such tenant or lessee, his heirs and assigns, or as No. V. he or they shall appoint, subject to such annual rent as in and by the 4 & 5 W. 4, said recited act is provided; and the said ecclesiastical commissioners c. 90. shall affix to such deed or deeds of conveyance their corporate seal, and shall give at the foot or on the back of such deed or deeds respectively a certificate or certificates, which shall be conclusive evidence of the truth of the matter thereby certified, that such deed or deeds has or have been executed pursuant to the provisions of the said recited act and of this act; and such deed or deeds shall be in like form, and shall, when so executed, be as valid and effectual to all intents and purposes as if the same had been duly exeeuted pursuant to the said recited act by such archbishop, bishop, or other ecclesiastical person, in case this act had not been passed : Provided always, That the said ecclesiastical Commissioners commissioners shall, one calendar month at least before the execution of to notify to such conveyance, notify, by such notice in writing as in and by the said
nd hy the said archbishop, recited act for that purpose is directed, to the archbishop, bishop, or
bishop, &c. other ecclesiastical person under whom the said lands and premises are purch
ase one or shall be held as aforesaid, the amount of the annual rent to be there- Calendar month after reserved and payable out of the said lands and premises, and of the before execupurchase money to be paid for the conveyance thereof, pursuant to the tion of deed. provisions of the said recited act.
XXX. And whereas in many cases the lands, tenements, and heredi- Sub-tenants taments held under leases from archbishops, bishops, or other ecclesias- empowered to tical corporations sole in Ireland have been sub-let to under-tenants,who purchase perare entitled, under covenants or contracts, to the renewal of their leases petuities in from time to time as often as the first or immediate tenants thereof shall b
mediate tenants thereof shoj bishops' lands obtain renewals of their leases from any such archbishop, bishop, or other :
h archbishop bishon or other on default of ecclesiastical corporation sole, and by reason of the small interest of the na
nants. first or immediate tenants in such lands, tenements, and hereditaments, or for other reasons, they may not be desirous to purchase the fee simple and inheritance therein, and it is expedient that in such cases the under-tenants thereof should be authorized to purchase the same, subject to the provisions and regulations herein-after contained; be it therefore enacted, That it shall and may be lawful to and for any undertenant, having any derivative estate or interest in any such lands, tenements, and hereditaments by virtue of any lease containing any such covenant or contract for the renewal thereof as aforesaid, either mediately or immediately through or under the first or immediate tenant thereof, to apply in the manner prescribed by the said act in reference to first or immediate tenants) for the purchase of the fee simple and inheritance of and in the lands, tenements, and hereditaments held by such under-tenant under any such lease, giving notice, nevertheless, in writing, of such application to the first or immediate tenant of such lands, tenements, and hereditaments, and to all other tenants thereof (if any) intervening between such archbishop, bishop, or other eccle. siastical corporation sole and the under-tenant making such application, or to the known agent or receiver, agents or receivers of such first and other intervening tenants; and upon the receipt of such notice, or at any time within twelve calendar months thereafter, it shall be lawful as well for such first or immediate as for any other of such intervening tenants to apply in like manner for the purchase of the fee simple and inheritance of and in the same lands, tenements, and hereditaments, and the first or immediate tenant of such lands, tenements, and hereditaments is hereby empowered to contract or agree for the purchase thereof accordingly, in the manner provided by the said act, or as near thereto as circumstances will admit, notwithstanding such lands, tenements, and hereditaments shall not constitute the whole of the lands, tenements, and hereditaments held by him under any lease from any such archbishop, bishop, or other ecclesiastical corporation sole; and in case such first or immediate tenant shall neglect or omit to make application in manner by the said act directed for the purchase of the fee simple and inheritance of and in such lands, tenements, and heredita
No. V. ments for the space of twelve calendar months after such notice in 4 & 5 W.4, writing shall have been given to him, or to his known agent or receiver, c. 90. it shall be lawful for the said coinmissioners to treat, contract, or agree
with such under-tenant who may have given such notice as aforesaid, or with any intervening tenant who may have made application within the said period of twelve months, for the absolute purchase by him of the fee simple and inheritance of and in the same lands, tenements, and hereditaments, upon such and the same terms and in the same manner
as in the said act is prescribed for the purchase of perpetuities by any Purcha
first or immediate tenant, but subject nevertheless (in addition to the sub-tenants
rent thereby directed to be reserved and made payable to the archbishop, subject to bishop, or other ecclesiastical corporation sole under whom the same are
e lo immediately held) to a perpetual rent-charge, or as many perpetual superior
rents-charge as there are tenants intervening between such archbishop, tenants.
bishop, or other ecclesiastical corporation sole, and the under-tenant entering into such contract for purchase, such rent-charge or rentscharge to be ascertained in manner herein-after mentioned, and to be issuing out of the same lands, tenements, and hereditaments, and to be
reserved and made payable to such intervening tenant or tenants, his or Sub-tenants their heirs and assigns for ever: Provided always, That in case more applications for than one of such under-tenants shall make application for such purchase, purchase to
the application of the under-tenant holding directly under such first or have prefer
immediate tenant shall be preferred to that of the one next below, and
imme ence according to priority. critorang so on according to priority of holding down to the under-tenant so
giving notice as aforesaid; and the said commissioners shall convey the said lands, tenements, and hereditaments, so contracted to be purchased, to the purchaser thereof accordingly, in the manner and under the regulations by the said act provided in relation to the purchases thereby authorized to be made, subject nevertheless to the additional perpetual rent-charge or rents-charge herein-before mentioned ; and immediately upon the execution of such conveyance the reversion or respective reversions then vested in such intervening tenant or tenants shall, so far only as respects such lands, tenements, and hereditaments, be absolutely merged and extinguished in the freehold and inheritance thereby conveyed to such purchaser, and the said perpetual rent-charge or rentscharge, and the estate or interest therein, shall be considered as a substitute or substitutes for the rent and reversion so merged and extin
guished as aforesaid. Mode of ascer- XXXI. Provided always, That the amount of the perpetual renttaining amount charge so to be reserved and made payable to every such intervening of rent-charge. tenant shall be equal to the n
tenant shall be equal to the net annual income or profit rent for the time being derived by him from the lands, tenements, and hereditaments so purchased by such under-tenant as aforesaid, such net annual income or profit rent to be ascertained by deducting the amount or proportional amount of the annual rents, fines, and other outgoings and expences payable by such intervening tenant in respect of such lands, tenements, and hereditaments from the amount or proportional amount of the annual rents, fines, and other outgoings and expences payable to him in respect of such lands, tenements, and hereditaments by the undertenant holding the same directly under him; and for the purpose of ascertaining the said several particulars the said commissioners shall have all such powers and authorities, and shall take all such measures, as are respectively given to and directed to be taken by them for the purpose of ascertaining the several particulars directed to be inquired into by the said act; and every such perpetual rent-charge shall be payable by equal half-yearly payments on the first day of May and the first day of November in each year, and shall be recoverable by all the ways
and means used for the recovery of rents in Ireland. Rents-charge XXXII. Provided always, That where any such intervening tenant shall enure to shall not be absolutely entitled to the leasehold interest under the lease same uses as by virtue of which he holds, then and in every such case, notwithstandleasehold in
old in- ing the reservation of the said perpetual rent-charge to such intervening terest.
tenant, his heirs and assigns for ever, the same shall nevertheless enure No. .V. to such uses, and upon and for such trusts, intents, and purposes, as 4 & 5 W. 4, will best correspond with the uses, trusts, intents, and purposes which c. 90. for the time being shall be subsisting concerning the said leasehold 6 interest, or would be subsisting concerning the same if such leasehold interest were still in existence, or as near thereto as the difference in the nature of the interests respectively will permit: Provided always, That Rents-charge every such perpetual rent-charge shall be subject to such or the like subject to approvisions for apportionment in the event of a division of the lands, tene- portionment in ments, and hereditaments for the time being subject thereto, or to any
ne case of division
of lands. part thereof, as are in the said act provided in relation to the new rents to be reserved under the said act, such apportionment to be applied for and ascertained in the manner and subject to the regulations prescribed by the said act, so far as the same are respectively applicable, or as near thereto as circumstances will admit.
XXXIII. And for the prevention of doubts as to the consequences of Meaning of act the purchase of the fee simple and inheritance in lands, under the pro- as to immevisions of the said recited act and this act, by any immediate or mesne diate or mesne tenant, be it hereby declared and enacted to be the intent and meaning tenant acquitof the said act and this act, That any such immediate or mesne tenant ing
Sing the fee shall, notwithstanding his acquisition of the fee simple and inheritance in such lands, and the merger of any previously subsisting term, estate, or interest therein, have all such and the like remedies, by distress, re-entry, action, or otherwise, for the recovery of the rents and duties reserved in any under-lease by him theretofore made, which he might or would have had in case he had not so acquired such fee simple and inheritance, and as would have been incident to his reversion in such previously subsisting term, estate, or interest.
XXXIV. And whereas such purchase of the fee simple and inherit- Where subance of and in such lands, tenements, and hereditaments by any such tenants purunder-tenant will be beneficial to the first and all other tenants thereof chase, superior intervening between such archbishop, bishop, or other ecclesiastical tenants shall corporation sole and the under-tenant or under-tenants making such contribute to.
chase purchase ; be it therefore enacted, That whenever such under-tenant of wards pur any lands, tenements, and hereditaments shall have contracted for the purchase of the fee siinple and inheritance thereof in manner aforesaid, the said commissioners are hereby required to ascertain whether and what proportion of the purchase money on any such purchase ought to be contributed by such first and other intervening ienants thereof as aforesaid; and when the said commissioners shall have ascertained the proportion or respective proportions of the purchase money to be contributed by such first and other intervening tenants as aforesaid respectively, it shall and may be lawful to and for the under-tenant so contracting to purchase as aforesaid, his heirs, executors, or administrators, by notice in writing to be given to such first and other intervening tenant or tenants, or his or their known agent or receiver, agents or receivers, to call upon and require such first and other intervening tenant or tenants to contribute his or their said proportion or respective proportions of such purchase money accordingly; and in case any such first or other intervening tenant shall refuse or neglect to contribute such his proportion of the said purchase money for the space of six calendar months after such notice shall have been given to him or his known agent or receiver, then and in such case the said commissioners shall make a corresponding deduction from the said perpetual rentcharge so directed to be reserved to him as aforesaid, such deduction to be equal to six pounds per centum per annum on the proportion of the said purchase money which he shall be so required to contribute as aforesaid; and the said commissioners shall cause the amount of every rent-charge so reduced to be inserted in or indorsed upon the conveyance of the said lands, tenements, and hereditaments to such under
No. V. tenant accordingly; and such reduced perpetual rent-charge shall 4 & 5 W. 4, thenceforth for ever be payable in lieu of the rent-charge herein-before c. 90. directed to be reserved to such intervening tenant respectively, his
heirs or assigns, as aforesaid : Provided always, That in case any such Differences to tenant or lessee shall be dissatisfied with the amount of the rent-charge be referred to or proportion of the purchase money adjudged payable in manner aforearbitration.
said to or by him, the matter shall be referred to three arbitrators, one to be appointed by the tenant to whom the same is adjudged to be payable, and the other by the tenant proposing to purchase as aforesaid, and the third by the two arbitrators so appointed as aforesaid, in manner provided in the said act for the appointment of arbitrators to adjust differences between the said commissioners and tenants or lessees applying for the purchase of perpetuities under that act, and with the like powers and authorities, so far as the same are applicable ; and the determination of such arbitrators as to the amount of such rent charge or proportion of such purchase money shall be conclusive and binding upon all persons whomsoever, and the expence of such arbitration shall be borne by
such party as the arbitrators shall direct. Mode of ascer
XXXV. That in case the lands, tenements, and hereditaments pro
XXXV. That in ca
P posed to be purchased by any such first or immediate tenant or by any portioning annual payments un
benta under-tenant respectively, as the case may be, shall be and constitute to be reserved part only of the lands, tenements, and hereditaments held under lease on purchases; from any archbishop, bishop, or other ecclesiastical corporation sole, or
under any intermediate lease, it shall and may be lawful to and for the said commissioners to ascertain the annual payment which ought according to the provisions of the said act to have been reserved upon the conveyance of the fee simple and inheritance in the whole of the lands held under such archbishop, bishop, or other ecclesiastical corporation sole in Ireland by such lease in case the whole of the said lands had been proposed to be purchased, and having ascertained the amount thereof the said ecclesiastical commissioners shall apportion the amount of the annual payment to be reserved to such archbishop, bishop, or other ecclesiastical corporation sole for or in respect of the lands, tene
ments, and hereditaments so proposed to be purchased; and the said and on the resi. commissioners shall in like manner ascertain the net annual income dedue of the lands rived by each of the intervening tenants from the lands, tenements, and where the hereditaments held by him or them respectively under their respective whole are not leases, and shall apportion with reference thereto the amount of the purchased.
annual rent-charge to be reserved to each of such intervening tenants for
rents for and in respect of such residue and remainder of the lands not No. V purchased.
4 & 5 W.4, XXXVI. That the provisions herein contained applicable to lands, c. 90. tenements, and hereditaments held under any archbishop, bishop, or other ecclesiastical corporation sole in Ireland shall extend and be ap- prov; plied to all lands, tenements, and hereditaments now held or hereafter lands held to be held under the commissioners in the said act named, by reason of under the the suppression of the sees therein mentioned ; and in all cases in which commissioners. any purchase shall be made of lands, tenements, and hereditaments held under the said commissioners, being part only of the lands, tenements, and hereditaments included in one lease, the said commissioners shall ascertain what portion of the fine theretofore payable for the renewal of such lease should be paid for or in respect of the lands not included in such purchase, and in case any difference shall arise in regard thereto the same shall be decided by arbitrators in the manner in the said act provided for deciding questions between the commissioners and tenants and lessees applying for the purchase of perpetuities, and the sum so ascertained shall be thenceforth deemed and taken to be the amount of fine payable for renewal of such lands, tenements, and hereditaments; and the said commissioners shall thenceforth from time to time grant renewed leases of such lands, tenements, and hereditaments, on paya ment of the amount so ascertained in manner in the said act provided for the entire lease, subject nevertheless to be varied in such manner and under the circumstances in the said act mentioned : Provided that Order of priothe payments to be reserved to the archbishop, bishop, or other ecclesi- rity of rent astical corporation sole in Ireland shall in all cases be deemed prior in charges. order of charge to the rent-charges hereby authorized to be granted ; and where in any case there shall be more than one rent-charge reserved for and in respect of the same lands, by virtue and in pursuance hereof, the said commissioners shall state in the conveyance to be executed upon any such purchase the order and priority of the same charges, which shall be according to the priority of the several tenants at the date of such purchase, and in case at any time thereafter any of the said rentscharge shall be in arrear the same shall have priority and be paid in the order so ascertained.
XXXVII. Provided always, That when and so often as any tenant or Where subsub-tenant shall have purchased the fee and inheritance of part of the tenant shall lands, tenements, and hereditaments included in any lease from any such purchase part archbishop, bishop, or other ecclesiastical corporation sole in Ireland, or of lands, lease the said ecclesiastical commissioners, or in any intermediate lease, any granted of re
ainder to be lease to be thereafter granted by any such archbishop, bishop, or other m ecclesiastical corporation sole, or the said ecclesiastical commissioners, or by any intervening tenant or tenants, as the case may be, of the residue and remainder of the same lands, tenements, and hereditaments, reserving only the proportion of the rent payable for or in respect of such residue and remainder, to be ascertained as aforesaid, shall be as valid in all respects in reference to the lands included in such lease as a lease of the entirety at the entire rent would have been, and in all respects have the same operation, as far as the lands, tenements, and hereditaments comprised therein are concerned, as if a lease of the entirety had been made, and all the statutes applicable to the renewals of the whole lease shall apply to such renewals of the part only;, any law, custom, or statute to the contrary in anywise notwithstanding.
XXXVIII. Provided always, That before the execution of any con- Purchases veyance to any under-tenant or under-tenants under the provisions of made under this act, he or they shall prove to the satisfaction of the said ecclesias- this act not to tical commissioners that the notice or notices required by this act have be impeached been duly given; and that after the expiration of one year from the com- by reaso pletion of any purchase by any under-tenant or under-tenants, under impe the provisions of this act, the same shall not afterwards be impeached houces.