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Provision for ascertaining Amount of Renewal Fines in certain Cases.
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CXXXI. Provided always, and be it enacted, That whenever it shall appear that such Renewal Fines and Fees have not been regularly paid during any such Period as aforesaid, it shall and may be lawful for the said Commissioners under this Act, and they are hereby empowered and directed, by all or any of the Ways or Means aforesaid, to ascertain the Amount as well of the annual Rent as of the annual or other Renewal Fine or Fines and Fees which have been paid, agreed to be paid, or payable, or which ought to have been paid in respect of the said Lands and Premises for and during such Period as aforesaid, according to the theretofore accustomed Mode of renewing such Lease or Interest, and to take and estimate accordingly the yearly Average of such annual or other Fine or Fines; which said yearly Average of such Renewal Fines, together with and in addition to the said annual Rent or Rents theretofore reserved and payable as aforesaid out of the said Lands and Premises, shall be the Amount of annual Rent to be reserved and made payable in and by the Deed of Conveyance or Demise herein-after mentioned, subject only to such Approval as herein-after mentioned, and subject to Variation according to the Price of Wheat or Oats, as herein-after also provided; and if it shall happen that no Fine or Fines have been paid or payable for renewing any such Lease or Interest as aforesaid for any such Period, or any Part of such Period, preceding the Service of such Notice as aforesaid, that then in every such Case it shall be lawful for the said Commissioners to take and estimate the yearly Average of such Renewal Fines and Fees according to such Proportion of the improved yearly Value as may, by the Custom of the Diocese or other Spiritual Promotion or Dignity under which the said Lands and Premises are held, have determined the Amount of Fines payable in respect of Lands and Premises held thereunder by like Tenure and Demise, (such improved yearly Value to be ascertained by all such Ways and Means as the said Commissioners shall think fit, or by the issuing of a Commission as last aforesaid, and subject to the like Rules and Regulations as such Commission last aforesaid,) or by reference to all the Circumstances of the Case, and to the Amount of the Tenant’s beneficial Interest in such Lands and Premises, according to their Discretion, to fix, ascertain, and determine the yearly Average of such Renewal Fines and Fees; which said yearly Average, estimated, ascertained, and determined in any such Way or Manner as aforesaid, shall, together with and in addition to the annual Rent or Rents theretofore reserved and payable out of the said Lands and Premises, be the Amount of annual Rent to be thereafter reserved and made payable out of the said Lands and Premises to such Archbishop or Bishop or other Ecclesiastical Person, and his and their Successors respectively, in and by the Deed of Conveyance or Demise herein-after mentioned, subject only to such Approval as herein-after mentioned, and subject to Variation according to the Price of Wheat or Oats as herein-after provided.
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