No. II. to the provisions of the same respectively, unless it shall be expressly 2 W. 4, c. 17. proved that such asaignment or subletting was made with the consent of such lessor or lessors, contracting party or parties, his or their heirs, executors, administrators, or assigns, testified, where such assignment or subletting shall be by deed or written instrument, by his or their being a party to and signing and sealing such deed or written instrument, or some other deed or instrument containing such consent, or, where such assignment or subletting shall not be by deed or written instrument, testified by his or their consent in writing, or unless the benefit of such condition, clause, or covenant shall have been expressly waived by some writing signed by the party or parties entitled to the benefit thereof; and every such assignment or subletting, and every lease, deed, or instrument, or other agreement or proceeding, whereby such assignment or subletting shall be made without such consent as aforesaid, and testified as aforesaid, shall be and be deemed wholly null and void to all intents and purposes whatsoever, any law, statute, or usuage to the contrary in anywise notwithstanding. Particular or special waiver III. Provided always, That where any actual waiver so to be made and testified as aforesaid of the benefit of any condition, clause, or coveshall not extend nant in any lease or instrument or agreements as aforesaid, or of the to other cases, benefit of this act, on the part of the lessor or lessors, party or parties nor be deemed contracting to lease, or his or their heirs, executors, administrators, or a general assigns, shall be proved to have taken place in any one particular inwaiver. stance, such actual waiver shall not be assumed or deemed or construed to extend to any instance, or to any breach or breaches of covenant, clause, or condition, other than that to which such waiver shall specially relate, not to be a general waiver of the benefit of any such covenant, clause, or condition, or of the benefit of this act. Lessee subletting without IV. That in all cases the person assigning or subletting contrary to this act, without such consent signified as herein-before directed, shall consent shall not have or be entitled to any remedy, by distress or otherwise, for the not have any recovery of any rent or sum reserved in and by any deed, written inremedy for the strument, or other agreement by which such subletting or assignment rent or occupa- shall be made, or for the occupation of any of the lands, or tenements tion of the land. so assigned or subletten, or for the recovery of such lands; any thing in any such deed, instrument, or agreement, or any law, statute, or usage, to the contrary notwithstanding. Persons hold with consent of V. That in all cases where any person or persons, being seised or ing lands under possessed of any lands or tenements in Ireland, (not being situate within an assignment, any city, town, or borough, or the liberties thereof) under any assignment or subletting duly made of or under any lease or demise to be lessor, and pay hereafter made for any term not exceeding three lives or thirty-one years ing rent to the from the commencement thereof, and upon which a rent equal to three party subletting, shall be fourths of the annual value of the demised premises shall have been reacquitted served, save and except ecclesiastical leases, and leases held under any against the les- corporation, and leases containing any covenant or compact for renewal, sor so consent- shall, at any time after the said first day of May one thousand eight ing, or any per- hundred and thirty-two, duly pay and satisfy the rent due from such son deriving person or persons, his or their heirs, executors, administrators, or title under him. assigns, to the person or persons, or his or their heirs, executors, administrators, or assigns, who shall have so assigned or sublet such lands or tenements, the receipt of such person or persons so assigning or subletting, or of his or their heirs, executors, administrators, or assigns shall be a full and sufficient discharge to such person or persons who shall have paid such rent, and to his and their heirs, executors, administrators, or assigns, as well against the person or persons so assigning or subletting, as also against the lessor or lessors or person or persons contracting with the person or persons so assigning or subletting, and the person or persons so having paid such rent, or his or their heirs, executors, administrators, or assigns, or his or their goods, chattels, or effects, lands or tenements, shall not be subject or liable to the payment of or to any distress or other remedy for any rent due to such No. II. lessor or lessors, or to any person or persons deriving under him, her, 2. W. 4, c. 17. or them, save as herein-after mentioned. to sub-tenants to pay their VI. Provided always, That in any case in which any lessee or lessees On failure of of any such lease as aforesaid, or the heirs, executors, or administra- payment of the tors of any such lessee or lessees, shall not duly pay the rent reserved rent by the in and by the lease or instrument under which such lands or tenements party assigning, shall be held by such lessee or lessees to the party or parties entitled to the landlord receive the same, it shall be lawful for the party or parties entitled to may give notice such rent, at any time when there shall be due to him, her, or them two or more full gales or portions of the rent reserved in such lease or instrument, to give notice in writing, in the form contained in the schedule annexed to this act, to all and every person or persons who shall be then in occupation of the lands and tenements which shall have been assigned or sublet as aforesaid, requiring each and every such person and such persons to pay to the party or parties giving such notice the rent reserved upon the holding or holdings of any and every such person or persons respectively. rents to him. parties. VII. That from and after the delivery of such notice to any person or After such persons in occupation of any such lands or tenements as aforesaid, (by notice, sub-tebeing left at the house or usual place of abode of any and every such nants shall pay person or persons, either with such person or persons, or with some of to the superior the family of such person or persons respectively above the age of six- landlord, and his receipt shall teen years,) every such person and such persons shall pay to the landbe their dislord or landlords giving such notice, or to his or their heirs, executors, charge to all administrators, or assigns, all and every sums and sum whatsoever due or to grow due for rent from such person or persons to the lessee or lessees so having assigned or subletten as aforesaid, or to his or their heirs, executors, administrators, or assigns; and from and after such notice as aforesaid, and until the satisfaction of all the sums due to the person or persons giving such notice on account of all rent due from such lessee or lessees having so assigned or subletten as aforesaid, the receipt of the person or persons giving such notice, or his or their heirs, executors, administrators, or assigns, shall be a full and sufficient discharge to the person or persons in the occupation of such lands or tenements, who shall have paid such rent, and to his and their heirs, executors, or administrators, against the person having so assigned or subletten as aforesaid, or his heirs, executors, or administrators; and the person or persons so having paid such rent, or his or their executors or administrators, or his or their goods, chattels, or effects, lands or tenements, shall not be subject or liable to the payment of any rent, or to any distress or other remedy for the same, to any person or persons under whom such person or persons may hold by reason of any such assignment or subletting as aforesaid, until such satisfaction as aforesaid. VIII. That from and after the delivery of such notice as aforesaid, Landlord givand until the satisfaction of all rent and arrears of rent due to the party ing notice shall or parties giving such notice, or his or their heirs, executors, adminis- have power to trators, or assigns, he and they shall have and enjoy all such rights, recover rents. powers, and authorities for the recovering and enforcing the payment of any rent due and payable by any person or persons occupying the lands so assigned or sublet in manner aforesaid as could or might have been enjoyed, or as could or might have been legally exercised or enforced against any such person or persons respectively, by the party or parties so assigning or subletting in manner aforesaid; any thing in this act, or any law, usage, or custom, to the contrary notwithstanding. IX. That where, under any assignment from any sheriff by virtue of Assignees of any execution, or under any assignment from any executors or adminis- leases containtrators, or from any assignee or assignees of any bankrupt or insolvent, ing covenant or by operation of law, devise, or otherwise, any person or persons against assignshall be legally or equitably seised or possessed of any lands or ing and subtenements held under any lease or demise made after the first day of letting liable to May one thousand eight hundred and thirty-two, and containing any covenants in original lease. No. II. clauses, conditions, or covenants against assignment or subletting, such 2 W. 4, c. 17. person or persons so deriving shall hold such lands and tenements subject to the said clauses, conditions, and covenants in such lease or demise contained, and that as fully as if such person or persons had been the original lessees therein: Provided always, That where two or more persons shall together become seised or possessed, in manner aforesaid, of any lands or tenements so demised as aforesaid, such persons shall take and hold the same as joint tenants, and not as tenants in common; and that it shall not be lawful for such persons, or any of them, by any deed, matter, or thing, to assign such lands or tenements, save as herein-after provided, nor to sever such tenancy, nor to sue out or demand, or procure to be issued, any writ of partition, or any writ or process in the nature of a writ of partition; any law, usage, or custom to the contrary notwithstanding: Provided always, that nothing herein contained shall extend or be construed to extend to disable any one or more of such persons from assigning to any other or others of such persons his or their estate and interest, the same remaining subject, after such assignment, to such and the like restraints and incidents as attached upon the same before such assignment. This act not to X. That nothing in this act contained shall extend or be construed to extend to leases extend to any lease, instrument, or agreement for a lease made at any or agreements time since the first day of June one thousand eight hundred and made between twenty-six, or to be made before the said first day of May one thou1st June 1826 sand eight hundred and thirty-two; and that all leases, instruments, and 1st May ments, and agreements made or to be made in and during such interval, 1832. and all covenants, clauses, and conditions contained in such leases, instruments, and agreements, shall be and remain subject to, and be construed and governed by, the provisions of the said recited act of the seventh year of the reign of his late Majesty. Powers of re cited act as to such leases to remain in force. XI. That so much and such parts of the said act as respects such leases, instruments, or agreements, and all covenants therein contained, shall be and remain in full force and effect, any thing in this act contained to the contrary notwithstanding: Provided always, that this act shall not extend to any lease or demise containing any covenant or agreement for perpetual renewal, or to any lease for the term of nine hundred or any greater number of years. SCHEDULE to which this Act refers. FORM of NOTICE from a SUPERIOR LANDLORD or LANDLORDS to the SUB-TENANT or SUB-TENANTS of such LANDLORD'S or LANDLORDS' immediate LESSEE or LESSEES. To A. B. [or, et cetera.] TAKE notice, That I [or we], the undersigned C. D., superior landlord [or landlords] of the lands and tenements underletten to you by E. F. [or, et cetera,] do hereby require you to pay to me [or us] the said C. D. [or, et cetera,] or to my [or our] heirs, executors, administrators, or assigns, all rent and arrears of rent payable by you for the said lands and tenements, until all sums due from the said E. F. [or, et cetera,] for his [or their] rent of the said lands and tenements shall be fully paid and satisfied to me [or us], or my [or our] heirs, executors, administrators, or assigns. Witness my hand [or our hands] this in the year To A. B. of day of C. D. [No. III.] 3 & 4 W. IV. c. 42.-An Act for the further XXXVIII. That such arrearages may be distrained for after the end or determination of such term or lease at will, in the same manner as if such term or lease had not been ended or determined, provided that such distress be made within the space of six calendar months after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due: Provided also, That all and every the powers and provisions in the several statutes made relating to distresses for rent, shall be applicable to the distresses so made as aforesaid. [No. IV.] 4 W. IV. c. 22.—An Act to amend an Act of the WHEREAS by an act passed in the eleventh year of the reign of his 11 G. 2, c. 19. (1) See the act, Evans's Statutes, Part IV, Class XIX. No. IV. sent parliament assembled, and by the authority of the same, That rents 4 W. 4, c. 22. reserved and made payable on any demise or lease of lands, tenements, or hereditaments which have been and shall be made, and which leases or demises determined or shall determine on the death of the person making the same (although such person was not strictly tenant for life thereof), or on the death of the life or lives for which such person was entitled to such hereditaments, shall, so far as respects the rents reserved by such leases, and the recovery of a proportion thereof by the person granting the same, his or her executors or administrators (as the case may be), be considered as within the provisions of the said recited death of the person making them (though not strictly tenant for life), or on the death of the tenant pur autre vie, to be considered act. as within the provisions of recited act. All rents, an- II. That from and after the passing of this act all rents service renuities, and served on any lease by a tenant in fee or for any life interest, or by other payments any lease granted under any power (and which leases shall have been coming due at granted after the passing of this act), and all rents charge and other fixed periods to rents, annuities, pensions, dividends, moduses, compositions, and all be apportioned; other payments of every description, in the united kingdom of Great Britain and Ireland, made payable or coming due at fixed periods under any instrument that shall be executed after the passing of this act, or (being a will or testamentary instrument) that shall come into operation after the passing of this act, shall be apportioned so and in such manner that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, or in the estate, fund, office, or benefice from or in respect of which the same shall be issuing or derived, or on the determination by any other means whatsoever of the interest of any such person, he or she, and his or her executors, administrators, or assigns, shall be entitled to a proportion of such rents, annuities, pensions, dividends, moduses, compositions, and other payments according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death subject to all of such person, or of the determination of his or her interest, all just just deductions. allowances and deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made; and that every such person, his or her executors, administrators, and assigns, shall have such and the same remedies at law and in equity for recovering such apportioned parts of the said rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion of which such apportioned parts shall form part shall become due and payable, and not before, as he, she, or they would have had for recovering and obtaining such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments if entitled thereto, but so that persons liable to pay rents reserved by any lease or demise, and the lands, tenements, and hereditaments comprised therein, shall not be resorted to for such apportioned parts specifically as aforesaid, but the entire rents of which such portions shall form a part shall be received and recovered by the person or persons who if this act had not passed would have been entitled to such entire rents; and such portions shall be recoverable from such person or persons by the parties entitled to the same under this act in any action or suit at law or in equity. Remedies for obtaining the apportioned parts. Act not to apply III. Provided always, That the provisions herein contained shall not to certain cases. apply to any case in which it shall be expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description. [For the clause in the 11 G. 4, and 1 W. 4, c. 70, with respect to the recovery of possession by landlords after notice of ejectment, see ante, Part IV., Class I., p. 392. For the provisions of the recent statute of limitations, 3 and 4 W. 4, c. 27, with reference to entries and distresses upon lands, see ante, Part III., Class VIII., Limitation of Actions. See also Part I., Class VIII., Leases.] |