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Disputes between superior Tenants and others, how to be determined.
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CLIII. And be it further enacted, That it shall and may be lawful for any such immediate superior Tenant of the said Lands under such Archbishop or Bishop or other Ecclesiastical Persons, or the said Commissioners, as the Case may be, or for any under or inferior Tenant or other Person as aforesaid having or claiming any derivative Estate or Interest in any of the said Lands and Premises immediately or mediately from, through, or under such superior Tenant, under or by virtue of any Lease or Contract containing a Covenant or Agreement for Renewal, in case any Dispute or Difference shall arise between them or any of them respectively as to the Sum of Money to be paid by any such inferior Tenant to any such his next immediate Landlord or the Person from whom he holds the said Lands, or any of them, as and for a Contribution towards such Purchase Money as aforesaid, or towards reimbursing to such his next immediate Landlord or Person from whom he holds as aforesaid a Proportion of the Sums of Money paid or payable by such his next immediate Landlord as and for a Contribution in respect of such Purchase as aforesaid, or in case during the Period of Six Calendar Months from the Service of any such Notice as last aforesaid there shall be an Omission or Neglect by any of such Parties or Persons to agree with respect to any such Contribution, or in case within such Time no Agreement shall be made with respect to the same, or in case any such Dispute shall arise respecting any Mortgage or Sale of any Land or Premises for raising any Contribution Money or Part thereof, or respecting the Variation of any Fine, as herein-after provided, according to the Price of Wheat or Oats, or respecting the Reservation of any additional and increased annual Rent to be reserved in lieu or stead of any Contribution under the Provisions herein-after contained, in any of such Cases to present a Petition to the High Court of Chancery or Court of Exchequer in Ireland, stating the Premises respectively as the Case may be, and praying the proper or necessary Relief in relation to the said Matters; whereupon it shall and may be lawful for such Court, without requiring Proof of any Notice of such Petition being given to or served upon any Person or Persons, to make an Order referring the Matter of such Petition to one of the Masters of the Court of Chancery, or to the Chief Remembrancer of the Court of Exchequer, as the Case may be, directing such Master or Chief Remembrancer to inquire and report concerning the said Matters or any of them, as such Court shall direct; and thereupon it shall and may be lawful for the said Master or Chief Remembrancer, as the Case may be, to summon before him any of the said Parties, or any Person or Persons, and to examine him or them, upon Oath, respecting any of the Matters so referred to him, and upon Appearance of, or Proof of Service of Notice of such Petition and Order upon, any such Person or Persons to be affected by such Petition, to inquire and make his Report concerning the said Matters so referred to him, as in other Cases of References to any such Master or Chief Remembrancer under the Orders of such respective Courts; to which Report of such Master or Chief Remembrancer it shall be lawful for any of the said Parties to the said Petition or to be affected by it to take an Exception or Exceptions as in other Cases of Exceptions taken to any Reports of such Master or Chief Remembrancer; and upon the Hearing of such Report when not excepted to, or upon the Hearing of such Exceptions to such Report when any such shall have been taken thereto, it shall and may be lawful for such Court to make such Order for the Payment of such Sum or Sums of Money by such Person or Persons as shall be found to be chargeable with the same by such Report, or of such Sum or Sums of Money by such Person or Persons as, upon Exceptions taken to such Report, the said Court shall deem to be properly chargeable with the same, to be paid within Three Calendar Months from the Time of Service of such Order of the said Court, in such Manner as such Court shall think fit, or such other Order as the said Court shall think fit; and such Order of such Court shall be final and conclusive, and without any Appeal therefrom; and the said Court may order the Costs of any such Proceedings in relation to the said Petition to be paid by or to any of the said Parties respectively, as the said Court shall think fit, which said Order or Orders shall and may be served either in the Manner herein-after provided, or in such other Manner as the said Court shall think fit to direct: Provided always, that it shall and may be lawful for any such immediate superior Tenant of such Lands and Premises, if he shall so think fit, to make all the Tenants or Persons having or claiming any derivative Estate or Interest in the said Lands whether immediately or mediately from, through, or under him by virtue of any Covenant for Renewal, Parties to any such Petition, for the Purpose of having all the Sums of Money payable by or chargeable upon all and every of such Persons in respect of any such Contribution simultaneously ascertained.
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