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Applications may be made every Seven Years for Variation of new reserved Rent, according to Increase or Decrease in Price of Corn.
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CXLII. And be it further enacted, That it shall and may be lawful for such Archbishop or Bishop or other Ecclesiastical Person to whom, or the Purchaser, his Heirs, Appointees, or Assigns, by whom, the Rent reserved by the said Deed of Conveyance shall be payable, to make an Application in Writing to the said Commissioners, at any Time within Four Months after the Expiration of Seven Years, to be computed from the First Day of May next preceding the Execution of such Deed of Conveyance as aforesaid, and in like Manner at any Time within Four Months after the Expiration of every subsequent Period of Seven Years, such Periods to be computed each from the Termination of the preceding Period, during the Continuance of such Grant as aforesaid, signifying the Desire of such Archbishop or Bishop or other Ecclesiastical Person, Purchaser, his Heirs, Appointees, or Assigns, to have the average Price of Wheat or Oats for the Seven Years preceding inquired of and ascertained, in order that the annual Rent reserved in and made payable by such Deed of Conveyance may be varied or increased or diminished for the ensuing Seven Years, in proportion to such average Price, of which Application due Notice in Writing shall be given to such Archbishop or Bishop or other Ecclesiastical Person, or such Purchaser, his Heirs, Appointees, or Assigns as aforesaid, as the Case may require; and in Cases in which the said Lands and Premises shall have been vested in and transferred to the said Commissioners, or the said annual Rent shall be payable to them, under the Provisions of this Act, then it shall and may be lawful for the said Commissioners, or such Purchaser, his Heirs, Appointees, or Assigns, at the Times and in the Manner herein-before mentioned, during the Continuance of such Grant as aforesaid, to cause a Notice to be served, in Cases of any such Notices by the said Commissioners, upon such Purchaser, his Heirs, Appointees, or Assigns, and in case of any such Notice by such Purchaser, his Heirs, Appointees, or Assigns, then upon the said Commissioners, signifying the Desire of the said Commissioners, or of the said Purchaser, his Heirs, Appointees, or Assigns, as the Case may be, that such average Price of Wheat or Oats for the Seven Years preceding the First Day of May next before the Service of such Notice may be taken and ascertained as aforesaid; and thereupon in each and every of such Cases it shall and may be lawful for the said Commissioners to ascertain the average Price of Wheat or Oats for the Term of Seven Years next preceding the First Day of May next before such Application or the Service of such Notice, and for that Purpose to nominate and appoint a Person to be Arbitrator for ascertaining the same accordingly; and such Arbitrator is hereby authorized and required, from the Dublin Gazette, to ascertain the Price of a Barrel of Wheat or Oats upon the Average of such Term of Seven Years preceding, and to state and set forth such average Price by his Report in Writing under his Hand, to be delivered to the said Commissioners; and if it shall appear that the average Price of Wheat (when Wheat shall be taken as the Measure of such Rent), or that the average Price of Oats (when Oats shall be taken as the Measure of such Rent), for such Seven Years preceding, is more or less by One Tenth than the average Price thereof set forth in the Deed or Deeds of Conveyance, then and in such Case the Amount of such annual Rent to be paid out of or in respect of the said Lands and Premises to such Archbishop or Bishop or other Ecclesiastical Person, or to the said Commissioners, as the Case may be, shall be increased or diminished by the said Commissioners in such Manner and to such Extent that the Amount of such annual Rent payable for and during the next ensuing Seven Years shall bear the like Proportion to the Amount of the annual Rent reserved and made payable out of the said Lands and Premises in such original Deed of Conveyance of the said Lands and Premises as the average Price of Wheat or Oats ascertained at the Time of such Application shall bear to the average Price thereof set forth in such original Deed of Conveyance; and the said Commissioners under this Act shall thereupon, in Cases where the said annual Rent shall be payable to any such Archbishop or Bishop or other Ecclesiastical Person, grant to such Archbishop or Bishop or other Ecclesiastical Person, Purchaser, his Heirs, Appointees, or Assigns, or, in Cases where the said Rent shall be payable to the said Commissioners, shall, for the Purpose of Registry and Enrolment as herein after mentioned, execute a Certificate under their Seal, setting forth the Amount of such revised or new annual Rent to be paid and payable out of the said Lands and Premises to such Archbishop or Bishop or other Ecclesiastical Person, or to the said Commissioners, as the Case may be, and cause Notice of or a Copy of the said Certificate to be given to or served upon such Archbishop or Bishop or other Ecclesiastical Person, and the Person or Persons who shall have purchased the Fee Simple and Inheritance of and in the said Lands and Premises, or to the Person or Persons who shall have become possessed of his or their Estate or Interest therein, and shall also cause such Certificate to be registered in the Registry of the Diocese wherein the said Lands and Premises shall be situate, and also to be enrolled in the Rolls Office of the High Court of Chancery along with and annexed to the Enrolment of such Deed of Conveyance; and a Copy of such Enrolment, duly compared and attested, shall be conclusive Evidence of the Amount of such revised and new annual Rent; and such revised and new annual Rent shall be paid to and received by such Archbishop or Bishop or other Ecclesiastical Person, or the said Commissioners respectively, as the Case may be, for Seven Years from and after the First Day of May next before the Service of such Notice, and until such revised and new annual Rent shall afterwards, upon a like Application, be again varied and ascertained according to the average Price of Wheat or Oats during the Term of Seven Years then last past; and the several Parties aforesaid are hereby respectively authorized to make such further Application from Time to Time after the Expiration of every Seven Years, during the Continuance of such Grant, in such and the like Manner and Form as herein-before directed with respect to the first Application; and the Costs, Charges, and Expences of every such Application, and of varying and re-ascertaining the Amount of such annual Rent, shall be defrayed by the Person or Persons who shall make such Application as aforesaid; and any such revised and new annual Rent shall, during the Period when it shall be so in force, stand in the Place of the said original annual Rent reserved and made payable out of the said Lands and Premises upon such Purchase or Conveyance of the said Lands and Premises, and shall be paid and recoverable, and charged and chargeable upon the said Lands and Premises, and against the Purchaser, his Heirs, Appointees, or Assigns, in like Manner as the said original Rent reserved in and by such Deed of Conveyance, and subject to the same Regulations; and the several Clauses and Provisions hereof shall in every such Case apply as fully and effectually to any such revised and new annual Rent, to all Intents and Purposes, as if such revised and new annual Rent were the annual Rent originally reserved upon such Purchase in and by the Deed or Deeds of Conveyance of the said Lands and Premises as aforesaid: Provided always, that the said Rent so reserved by such original Deed of Conveyance shall continue to be used as the Standard, by reference to which, together with the original Price of Wheat or Oats, the Rent is from Time to Time to be varied as aforesaid: Provided also, that in case any such Archbishop or Bishop or other Ecclesiastical Person, Tenant, Assignee, or Owner of such Lands and Premises purchased as aforesaid, who would respectively be entitled to receive or liable to pay such revised or new annual Rent as aforesaid, shall be dissatisfied with or dispute the Amount of the average Price of Corn so ascertained as aforesaid, or the Amount of any such revised and new annual Rent ascertained as aforesaid, it shall be lawful for such Archbishop or Bishop or other Ecclesiastical Person, Tenant, Assignee, or Owner of such Lands and Premises, within One Calendar Month after being served with such Notice as aforesaid, to apply by Petition to such Court in such Manner and under and subject to such Regulations and Provisions as herein-after mentioned with respect to Disputes as to the Amount of any Purchase Money, or any Contribution thereto, or in respect thereof, to be paid by any Tenant, and such Court may vary the Amount of such revised and new Rent as the Case may require; and if the Amount of such revised and new annual Rent shall be varied by the said Court, upon such Petition, from the Amount thereof ascertained by the said Commissioners, then the Amount thereof so ascertained and adjudged by the said Court shall be the annual Rent of the said Lands and Premises for such Period as aforesaid, and subject to the Provisions and Regulations aforesaid as to such revised and new annual Rent, and shall be inserted in such Certificate to be registered and enrolled as aforesaid, instead of the revised and new annual Rent ascertained by the said Commissioners as aforesaid, and stand in the Place of the same to all Intents and Purposes; provided that any Party or Person so petitioning, and failing in such Petition, shall pay all the Costs in relation thereto.
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