Church Temporalities Act, 1833

Inferior Tenants authorized to bind themselves to pay an increased Rent instead of Contribution.

CLVI. And be it further enacted, That whenever any under or inferior Tenant, or Person or Persons having or holding any derivative Estate or Interest immediately or mediately from, through, or under any such immediate and superior Tenant of the said Lands, by virtue of a Lease or Instrument containing a Covenant or Agreement for Renewal, shall be unable or unwilling to pay or advance either the Whole or a certain Portion of such Sum of Money as shall be agreed or ascertained or adjudged as aforesaid to be payable by him or them respectively for such Contribution in respect of such Purchase as aforesaid, it shall and may be lawful for the Tenant or Tenants, Owner or Owners of such derivative Estate or Interest, at his or their Election, (in lieu of paying or advancing such Sum or Sums of Money for such Contribution, and in lieu of mortgaging or selling a Portion of such Lands and Premises, or his Estate or Interest therein as aforesaid,) to bind himself, his Heirs, Executors, Administrators, and Assigns, to pay for such Lands and Premises so held by him, to his next immediate Landlord, or to the Person or Persons from or under whom he immediately holds the same, an additional annual Rent over and above the annual Rent to be otherwise reserved, payable by him or them for or in respect of the said Lands and Premises, such additional annual Rent to be equal in Amount to the annual legal Interest, at the Rate of Six Pounds per Centum for a Year, of such Principal Sum of Money as shall be so ascertained or agreed or adjudged to be paid by such Tenant or Owner of such derivative Estate or Interest for or in respect of such Contribution as aforesaid, or of such Part of such Principal Sum as shall not have been paid or advanced; and in such Case it shall and may be lawful for such Tenant or Owner of such derivative Estate or Interest to give to his next immediate Landlord, or the Person or Persons from or under whom he immediately holds the said Lands and Premises, a Notice in Writing, stating such his Election to pay such additional annual Rent as aforesaid, in lieu of paying or advancing the Amount of such Contribution Money or a certain Portion thereof.