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What Parties

to be subject

thereon.

Grant in perpetuity to the Person so nominated by the said Court as aforesaid.

XVII. And be it enacted, That all Persons who shall become Parties to the Court to any Proceedings under this Act, by making any Application to the Court, or by submitting to the Jurisdiction thereof, or by attending 5 before the Master in the Course of such Proceedings, or by otherwise taking part therein, and the Representatives of the Petitioner and of such Persons, and all Persons claiming under him or them, by their Act or by Act of Law, subsequent to their becoming subject, shall for the Purposes of this Act be subject to the Jurisdiction of the 10 Court, and to all Orders of the Court and of the Master in the course of any such Proceedings, in like Manner and as fully as Parties to a Plenary Suit pending in the Court are so subject in such Case.

Proceedings XVIII. And be it enacted, That the Proceedings under this Act not to abate. shall not abate or be suspended by any Death or Transmission of 15 Interest, except so far as it shall be deemed necessary for the carrying on of such Proceedings that any Person not before the Court should have Notice of or be required to attend such Proceedings; and in case of Death or Transmission of Interest, and whenever after the Presentation of a Petition under this Act the Direction of the Court is 20 requisite for carrying on the Proceedings under the same, or for effecting the Objects thereof, or otherwise relative thereto, it shall be lawful for any Person interested in such Proceedings to apply by Motion to the Court for an Order for any such Purpose; and it shall be lawful for the Court, on such Motion, to make such Order as it 25 may deem fit.

Costs in the
Discretion of
Court.

Provisions of

this Act to extend to

XIX. And be it enacted, That the Costs of all Proceedings by and under any Petition presented under this Act shall be in the Discretion of the Court.

XX. And be it enacted, That all the Provisions of this Act 30 in relation to the Amount of the Fee-farm Rent to be made paysuch Cases. able by a Grant under this Act, and the Covenants, Conditions, Exceptions, and Reservations to be contained in such Grant, the Commutation of Exceptions, Reservations, and Rights, the Allocation of Land, and all other Provisions of this Act concerning such 35 Grant, and the Effect and Consequences thereof, shall, so far as the same are consistent with the Provisions of this Act in relation to the Proceedings by and under and consequential upon a Petition presented under this Act, extend and be applicable to any such Grant for or in relation to which a Petition is presented.

XXI. And

40

of

The Lands

as before.

XXI. And be it enacted, That immediately after the Execution granted to any Lease or of any Grant of the Perpetuity as aforesaid under the go to the Provisions of this Act, the said Lands and Premises in the said Lease same Uses or Grant mentioned, and the Term of Years, Estates, and Interests 5 thereby so granted, shall thereupon respectively go to and be vested in, settled upon, and enjoyed by the same Person or Persons, for the like Estate, Estates, or Interests, and to and upon the same Uses, Trusts, Intents, and Purposes respectively, (or as near thereto as the Nature of each Case and the Difference of Interest will admit,) as the 10 said Lands and Premises stood settled or limited to or for, or upon such of them as at the Time of making such Lease or Grant shall be existing undetermined and capable of taking effect.

Surrender

XXII. And be it enacted, That the Execution of such Grant or Grants to Lease as aforesaid shall operate as and be deemed to be, to all operate as a 15 Intents and Purposes, a Surrender of all and every the then pre- of former viously subsisting Term or Terms of Years, Estate, or Interest in the Leases. said Lands and Premises derived from said Provost, Fellows, and Scholars, and the same and every of them shall thenceforth cease, determine, and be for ever extinguished.

20

Covenants to

immediate

Renewals as

XXIII. And be it enacted, That whenever any immediate or In case of superior Tenant or Lessee who shall have obtained any Grant or toties quoties acquired the Perpetuity in any Lands, pursuant to the Provisions of renew, the this Act, shall, by virtue of any Lease, Covenant, or Contract there- Grants to tofore made or entered into, be bound by any toties quoties Clause of Tenants to 25 Renewal to renew to any other Person or Persons any Under-lease operate as of any such Lands and Premises, then and in every such Case the to derivative said Grant of the Perpetuity as aforesaid of and in the said Lands Tenants. and Premises as aforesaid to such immediate Tenant shall (so long as the said Estate or Interest thereby granted shall continue), in all 30 Courts of Law and Equity, and to all Intents and Purposes whatsoever, as to such Under-tenant as aforesaid, or Person having such derivative Estate or Interest, and being entitled to the Benefit of such Covenant for Renewal, and as to all other derivative Estates or Interests in the said Lands and Premises dependent upon such Cove35 nant, Contract, or Agreement for Renewal, be and be deemed, taken, and construed to be a Renewal from Time to Time of the Lease of such immediate and superior Tenant, so as to renew and preserve the Estate of such Under-tenant, and to and for all Intents and Purposes whatsoever.

40 XXIV. And be it enacted, That when the Fine to be paid by the Regulations Uunder-tenant upon the Execution of any such Renewal as before as to Fines in mentioned shall have been, by such Covenant, Contract, or Agree

623.

ment

such Cases.

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ment for Renewal, agreed to be a certain or ascertained Proportion
of or dependent upon the Amount of the Renewal Fine to be paid
by the immediate superior Tenant of such Lands held by him under
the said Provost, Fellows, and Scholars as aforesaid, then and in such
case, and upon and after the Completion of the Grant of the 5
Perpetuity of and in the said Lands and Premises as aforesaid, the
under or inferior Tenant shall pay or secure to such immediate or
superior Tenant such Sum of Money as shall bear to the Fine paid
or secured by such immediate or superior Tenant the same Proportion
as the Renewal Fine theretofore payable by such Under-tenant 10
bore to the Renewal Fine theretofore payable by the said immediate
or superior Tenant; and such Sum of Money shall be paid or secured
to the said immediate or superior Tenant by the said Under-tenant,
at his Option, in the like Manner as herein-before provided in respect
of the Fine payable by such immediate or superior Tenant; and the 15
Rent to be paid by such Under-tenant shall be the Sum which shall
bear to the Rent reserved in the Grant of the Perpetuity (irrespective
of the Interest on any unpaid Fine) the same Proportion as the
Rent and annual Renewal Fine formerly payable by such Under-
tenant bore to the Rent and annual Renewal Fine payable by such 20
immediate or superior Tenant.

XXV. And be it enacted, That when any new Lease or Grant of the Perpetuity shall have been obtained under this Act, and previously thereto the Lands therein comprised were held under the Person obtaining such new Lease or Grant of the Perpetuity by virtue of 25 any subsisting Under-lease or Demise at Will, the Estate created by such new Lease or Grant of the Perpetuity shall be held to be the Reversion immediately expectant upon such Under-lease or Demise, and the Rents and Services reserved and made payable upon such Under-lease or Demise shall be incident and annexed to such Rever- 30 sion; and the Covenants and Agreements, whether expressed or implied, upon the Part both of the Landlord and of the Tenant, shall run with the Land and with the Reversion respectively, in the same Manner in all respects and to the same Extent as if such Underlease or Demise had been made by a Person seised or possessed of 35 the Estate created by such new Lease, or Grant of the Perpetuity, and the said Estate thereby created had been the Reversion expectant upon such Under-lease or Demise; and such new Lease or Grant in Perpetuity shall not in anywise prejudice or affect any Right of Distress, Entry, or Action which has accrued in respect of such Under- 40 lease or Demise before the Execution of such new Lease or Grant of Perpetuity.

XXVI. And

Chancery in case of Dis

putes be

tween imme

tenants.

XXVI. And be it enacted, That in case any Dispute or Difference Petition to shall arise between any immediate Tenant of the said College who Court of may have obtained a Grant in Perpetuity under the Provisions of this Act and any Tenant holding under such immediate or superior 5 Tenant by virtue of any Lease, Covenant, or Contract containing a diate Tenants toties quoties Clause of Renewal, as to the Amount of the Fine to be and Underpaid or secured by such under Tenant to such immediate or superior Tenant, or as to the Amount of Rent to be payable by such under or inferior Tenant to such immediate or superior Tenant from and 10 after his obtaining such Grant in Perpetuity as aforesaid, that then and in every such Case it shall and may be lawful for either such immediate or superior Tenant or such under or inferior Tenant, between whom such Difference shall arise, to apply to the Court of Chancery in Ireland, in a summary Way, by Petition praying for such 15 Relief as he may require, in such Manner as herein-before provided in the Case of a Dispute or Difference arising between any such immediate or superior Tenant and said Provost, Fellows, and Scholars; and all the Provisions in respect to the Jurisdiction of said Court of Chancery herein-before contained in reference to any such Dispute or 20 Difference as last aforesaid shall extend and be applicable to any Dispute or Difference arising between any immediate or superior Tenant and any under or inferior Tenant as aforesaid; and it shall be lawful for such Court to order such inferior or under Tenant to pay to such superior or immediate Tenant such Interest on any 25 Renewal Fine or increased Rent paid by such superior or immediate Tenant as to such Court shall seem fit.

as to in

XXVII. And be it enacted, That where any Fee-farm Rent made Deduction of payable by any Grant under this Act is greater in Amount than the Poor Rate Rent reserved by the Lease which was subsisting immediately pre- creased Rent. 30 vious to the granting of such Perpetuity, and to the Owner of which such Grant is made, the Party paying such Rent shall not be entitled to deduct from the Party receiving the same any Poundage in respect. of Poor's Rate from the Portion of such Rent which by virtue of this Act is added to the Amount of Rent previously payable, and whether 35 the same be payable by any immediate Tenant of the said College to the said College, or by any under Tenant to his immediate Landlord.

XXVIII. And be it enacted, That when and so soon as any Grant Rent-charge in Perpetuity shall be made by the said Provost, Fellows, and in lieu of Tithe, by Scholars, under the Provisions of this Act, of any Lands in respect of whom to be 40 which Lands said Provost, Fellows, and Scholars are now by Law paid. liable to pay the Rent-charge in lieu of Tithe, that then and in every such Case, from and immediately after the Execution of such Grant in Perpetuity, the said Provost, Fellows, and Scholars shall cease to

623.

D

be

Dower and Curtesy in such Cases, and Royal

ties, Mano

&c.

be liable to the Payment of such Rent-charge, and the Grantee or Grantees in every such Grant of the Perpetuity shall thereupon become liable to pay the same; and the Owners of such Rent-charge shall be entitled to all the Remedies for the Recovery of the same against such Grantees as they would have had against the said Pro- 5 vost, Fellows, and Scholars had not this Act been passed, any Law, Usage, or Custom to the contrary in anywise notwithstanding.

XXIX. And be it enacted, That no Grant under this Act of any Estate shall operate to give Dower or Curtesy to the Widow or Husband of band of any Person becoming entitled under this Act to an Estate in 10 rial Rights, Perpetuity, or to defeat or affect any Rights of the said Provost, Fellows, and Scholars as Lords of Manors or reputed Manors, or as Owners of Reversions in Fee Simple, to Courts Leet or Courts Baron, and Services at the same, Escheats, Fairs, Markets, Franchises, Rights, Liberties, Privileges of Chase or Free Warren, Hunting, 15 Hawking, Fowling, Piscaries, Fisheries and Rights of Fishing, or to any Rights in any Mines or Minerals, Quarries, or to any Royalties whatsoever within or under the Lands included in any such Grant under this Act.

Operation

of Devises

of such

Lands.

XXX. And be it enacted, That the Grant of any Estate under 20 this Act shall not prevent or prejudice the Operation of any Demise, and Bequests Bequest, or testamentary Appointment made before such Conveyance of such Estate or Interest therein, but such Demise, Bequest, or testamentary Appointment shall operate upon the Estate or Interest created or acquired under this Act as fully and effectually to all 25 Intents and Purposes whatever as the same would have operated upon the respective Estate or Interest previously subsisting if no such Grant had been made.

Usual Re

ceivers Fees, &c. may be reserved in addition to Rents.

The Provi

sions as to Lands of the Provost,

XXXI. And be it enacted, That in addition to the Rents to be reserved pursuant to the Provisions of this Act, it shall be lawful to 30 reserve by the Leases or Grants made in pursuance of this Act such Receivers Fees or Poundage, not exceeding One Shilling in the Pound on the reserved Rent, as reserved in the previously existing Leases of said Lands, and also to reserve the usual and accustomed Achates to which the said Provost, Fellows, and Scholars are now entitled, not- 35 withstanding that by such Addition the Rent to be reserved in such Perpetuity Grants may exceed by One Fifth the Aggregate of the previous Rent or average Renewal Fines payable by such Tenant.

XXXII. And be it enacted, That all and every the Provisions and Powers in this Act contained and given to the said Provost, Fellows, 40 and Scholars, in respect of the Lands vested in them, shall be deemed

applicable

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