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In Cases of inadequate Fines heretofore paid for Renewals, Commissioners empowered to ascertain what ought to have been paid according to the Custom of the Diocese.
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XXII. And be it enacted, That whensoever upon any Application for the Purchase of the Fee Simple and Inheritance in any Lands under the Provisions of the said recited Act or this Act, or for the Renewal of any Lease, or the making a new Lease or Demise of any Lands held under the said Ecclesiastical Commissioners, such Commissioners may be authorized and required to ascertain the Amount of any Fine or Fines and Fees theretofore paid or agreed to be paid or customarily paid or payable for Renewal of such Lease, and that such Commissioners shall find that the Fine or Fines and Fees paid during any such Period as in the said Act mentioned, or agreed to be paid or payable for the Renewal of such Lease, have been greatly inadequate as compared with the Fine or Fines and Fees usually paid according to the Custom of the same Diocese or other Spiritual Promotion for or upon the Renewal of Leases or Interests in other Lands within such Diocese or other Spiritual Promotion held by like Tenure and Demise, and that such Commissioners shall have reasonable Cause to conclude that such Inadequacy arose out of any Favour or Community of Interest between the Lessor and Lessee, then and in such Case the Matter shall be referred to Three Arbitrators, to be appointed in manner by the said recited Act provided for the Appointment of Arbitrators to adjust Differences between the said Commissioners and Parties applying for the Purchase of Perpetuities under the said Act; and the Expence of such Arbitration shall be borne by the said Commissioners, or by the other Party, or by both, in such Proportions as such Arbitrators shall direct; and if such Arbitrators shall decide that the Fine or Fines and Fees aforesaid were not greatly inadequate, or that such Inadequacy did not arise out of any Favour or Community of Interest between the Lessor and Lessee, the said Commissioners shall proceed to make their Calculation as by the said Act required upon such Fine or Fines and Fees so paid or agreed to be paid or payable, and in all respects as if no Inadequacy had been alleged to exist; but if the said Arbitrators shall decide that such Fine or Fines and Fees were greatly inadequate, and that such Inadequacy arose out of any Favour or Community of Interest between the Lessor and Lessee, then and in such Case the said Arbitrators, or any Two of them, shall and are hereby authorized and empowered to inquire and ascertain, by actual Survey and Valuation, or by the Examination of Witnesses upon Oath (which Oath the said Arbitrators are hereby authorized to administer), or by such other Ways and Means as they shall deem fit and expedient, the yearly Value of the Lands, Tenements, and Hereditaments, the Tenant or Lessee whereof shall so have applied for such Renewal or Purchase, and the Fine or Fines and Fees which ought reasonably to have been paid for the Renewal of such Lease or Interest in such Lands in proportion to the yearly Value thereof, according to the Custom of the same Diocese or other Spiritual Promotion, upon the Renewal of Leases or Interests in other Lands and Tenements situate within the same respectively, and held upon the like Tenure and Demise; and the Determination of such Arbitrators, as to the Amount of such Fine or Fines and Fees, shall be conclusive and binding upon all Persons whomsoever; and the Fine or Fines and Fees so ascertained shall be deemed and taken to be for all Purposes of the said recited Act and of this Act the Renewal Fine or Fines and Fees respectively theretofore paid, agreed to be paid or payable, or which ought to have been paid upon the Renewal of the said Lease or Interest in such Lands, Tenements, and Hereditaments, the Tenant or Lessee whereof shall so have applied for such Renewal or Purchase as aforesaid.
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