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Mode of ascertaining and apportioning annual Payments to be reserved on Purchases;
and on the Residue of the Lands where the whole are not purchased.
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XXXV. And be it further enacted, That in case the Lands, Tenements, and Hereditaments proposed to be purchased by any such first or immediate Tenant or by any Under-tenant respectively, as the Case may be, shall be and constitute Part only of the Lands, Tenements, and Hereditaments held under Lease 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, Tenements, and Hereditaments so proposed to be purchased; and the said Commissioners shall in like Manner ascertain the net annual Income derived by each of the intervening Tenants from the Lands, Tenements, and Hereditaments held by him or them respectively under their respective Leases, and shall apportion with reference thereto the Amount of the annual Rent-charge to be reserved to each of such intervening Tenants for or in respect of the Lands, Tenements, and Hereditaments so proposed to be purchased; and the said Commissioners shall in like Manner ascertain and apportion, with reference to the annual Rents reserved and made payable under and by virtue of such Leases respectively, the annual Payments to be thenceforth made to such Archbishop, Bishop, or other Ecclesiastical Corporation Sole, and to such intervening Tenants or Tenant respectively, for and in respect of the Residue and Remainder of the Lands, Tenements, and Hereditaments included in the same Leases respectively; and the said Commissioners shall convey the Fee Simple and Inheritance of and in the said Lands, Tenements, and Hereditaments so proposed to be purchased to the Purchaser thereof, subject only to such annual Payment as shall be so apportioned to be reserved in respect of the Lands, Tenements, and Hereditaments so proposed to be purchased, (and in the Case of a Purchase by an Under-tenant) to the aforesaid perpetual Rent-charge or Rents-charge to the intervening Tenant or Tenants, and to make all such other Apportionments as the Circumstances of the Case shall in their Judgment require; all which Apportionments shall be conclusive and binding on all Parties, and the Payments so apportioned on the Residue and Remainder of the Lands not purchased shall alone be recoverable in lieu of the whole Rents previously reserved by existing Leases, and exactly as if such apportioned Rents had been the reserved Rents for and in respect of such Residue and Remainder of the Lands not purchased.
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