Church Temporalities Act, 1834

Provisions for Lands held under the Commissioners.

Order of Priority of Rent-charges.

XXXVI. And be it further enacted, That the Provisions herein contained applicable to Lands, Tenements, and Hereditaments held under any Archbishop, Bishop, or other Ecclesiastical Corporation Sole in Ireland shall extend and be applied to all Lands, Tenements, and Hereditaments now held or hereafter to be held under the Commissioners in the said Act named, by reason of the Suppression of the Sees therein mentioned; and in all Cases in which 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 Payment 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 the Payments to be reserved to the Archbishop, Bishop, or other Ecclesiastical Corporation Sole in Ireland shall in all Cases be deemed prior in 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 Rents-charge shall be in arrear the same shall have Priority and be paid in the Order so ascertained.