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Holders of Leases of Tithes, &c. may surrender the same or compel the Lessors to reduce the Rent-.
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XXXIII. And be it enacted, That if any Lease or Demise of Tithes or Composition in lieu of Tithes shall be in force and undetermined at the passing of this Act it shall and may be lawful for the Lessee in such Lease, or his Representatives, within Two Calendar Months after the passing of this Act, to surrender such Lease to his immediate Lessor, or his Representative; or it shall be lawful for such Lessee or his Representatives, instead of surrendering such Lease, to serve on such Lessor or his Representatives, within such Period of Two Months a Notice in Writing requiring him or them to reduce the Rent reserved by such Lease in proportion to the Reduction of the Profits arising thereunder by reason of the Conversion of the Tithe thereby demised, or the Composition established in lieu thereof, in to Rent-charge under the Provisions of this Act; and in case such Lessor or his Representatives shall omit or refuse during the Period of One Calendar Month from the Service of such Notice to agree to make the Abatement specified in such Notice, or such other Abatement as shall be satisfactory to the Person serving such Notice, the Matter of such Notice shall be referred to Three Arbitrators, One to be appointed by such Lessee or his Representative, another by such Lessor or his Representatives, and the Third by the Two Arbitrators appointed as aforesaid, within Ten Days after Notice in Writing to be given by such Lessee or his Representative for that Purpose; and in Case such Lessor or his Representatives shall omit or refuse within Ten Days after the Service of such Notice as last aforesaid to appoint: an Arbitrator on his or their Behalf, it shall and may be lawful for such Lessee or Person serving such Notice to apply to the Court of Chancery or Exchequer in Ireland, by Petition, stating the Facts, whereupon such Court shall have Power and Authority to nominate and appoint an Arbitrator to act on the Part of such Lessor so omitting or refusing to act as aforesaid, and the Appointment of such Arbitrator shall be equally valid to all Intents and Purposes as if made by such Lessor; and in case of the Death or Incapacity, Neglect or Refusal to act of any of the said Arbitrators, another shall be appointed in his Stead by the Party by whom or in whose Behalf he was so appointed, or by the said Arbitrators appointed by the Parties, as the Case may be, within Ten Days next after Notice thereof; and the said Arbitrators, or any Two of them, shall and they are hereby authorized and empowered to inquire and ascertain, by all such Ways and Means as they shall think proper, whether any and what Abatement of the Rent reserved in any such Lease should be made to the Lessee therein named for or on account of the Deduction in the Amount of Tithe recoverable under such Lease arising from the Operation of this Act; and the said Arbitrators any Two of them, shall specify in their Award the Amount of the Abatement to be made in the Rent reserved in the said Lease, and the Amount so specified shall be no longer payable or recoverable under such Lease, and such Award shall be of like Force and Effect as a Release of so much of the said Rent as is thereby directed to be abated; and the said Arbitrators shall execute Two Copies of their said Award, One to be delivered to the Lessor in such Lease or his Representatives, and the other to be deposited in the Public Office for registering Memorials of Deeds, Conveyances, and Wills in Ireland; and such Arbitrators, or any Two of them, shall have Power and are hereby authorized to award that such Lease shall cease and determine and be surrendered, and the same shall, if they shall so determine, thenceforth cease and determine.
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