Page images
PDF
EPUB
[blocks in formation]

/ / / / / / / / / / / / / / / / / / / / / / / / / l l l c

A

BILL

ΤΟ

Enable the Tenants of the Provost, Fellows, and
Scholars of the College of the Holy and
Undivided Trinity of Queen Elizabeth near
Dublin to acquire Perpetuities in certain Cases,
and to extend the Leasing Powers of the said
Provost, Fellows, and Scholars.

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

W

HEREAS it would materially promote agricultural Im- Preamble. provement in Ireland, and be of considerable public Advan

tage, if the Tenants of the Provost, Fellows, and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth 5 near Dublin, were entitled to demand and acquire Grants in Perpetuity in certain Cases of the Lands held by them from and under the said Provost, Fellows, and Scholars of the said College: And whereas the said Provost, Fellows, and Scholars, being anxious to promote any Measure by which a public Improvement might be effected, so 10 far as they can consistently with the Charters of the said College and the Interests thereof, have consented to allow to the said Tenants the Right to acquire Grants in Perpetuity of their said Lands, on 623. being

A

Lands under

may require

the College

to make to him a Grant

of such

being required so to do by the present Lessees thereof, upon the Terms herein-after provided: And whereas by the Report of Her Majesty's Commissioners of Inquiry into the State of the Law and Practice in respect to the Occupation of Land in Ireland, bearing Date the Fourteenth Day of February One thousand eight hundred 5 and forty-five, it was amongst other things recommended by the said Commissioners, "that extended Leasing Powers should be given, "under proper and equitable Restrictions, to the Provost and Fellows "of the said College:" Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the 10 Lords Spiritual and Temporal, and Commons, in this present ParAny Tenant liament assembled, and by the Authority of the same, That it by Lease of shall and may be lawful for any Person who shall at the Time of the Trinity Col- passing of this Act hold any of the said Lands under any Lease lege, Dublin, thereof, as Tenant thereof to the said Corporate Cody of the Provost, 15 Fellows, and Scholars of the said College, his Executors, Administrators, and Assigns, at any Time within Four Years next after the in Perpetuity passing of this Act (provided his or their Interest shall so long last), to ask and demand, and he or they shall be entitled to obtain from the said Provost, Fellows, and Scholars of the said College, a Grant 20 in Perpetuity of the Lands or Hereditaments so held by him under herein-after such Lease as such Tenant, he the said Tenant paying thereout to the said Provost, Fellows, and Scholars an annual Rent, to be ascertained in the Manner herein-after provided; and it shall and may be lawful for the said Provost, Fellows, and Scholars, and they 25 are hereby required, at the Request in Writing of any such Tenant, to grant and convey to him, by an Indenture duly executed under the Common Seal of said College, the Perpetuity of and in the Lands or Hereditaments so held by him under any such Lease as aforesaid: Provided always, that such Grant be made to take effect 30 in immediate Possession; and that for the making of any such compulsory Grant of the Perpetuity no Fine, Foregift, Premium, or Consideration in Money, or otherwise, be given, promised, or accepted; and also, that every such Grant shall contain the usual Covenants to pay the Rent, and Clauses of Re-entry and Distress 35 upon Nonpayment of Rent; and the Grantee in every such Indenture shall execute a Counterpart thereof, or otherwise the same shall be null and void.

Lands without Fine,

rendering a

Rent as

provided.

How Rent II. And be it enacted, That in the Case of any Tenant who at upon such the Time of the making of such compulsory Grant shall have or 40 compulsory Grant to be desire to be deemed (pursuant to the Provisions herein-after contained) as having an existing Estate for the full and unexpired Term of mined where Twenty-one Years (to be computed from the First Day of May next preceding his making Application for such compulsory Grant), the

calculated and deter

Tenant is

deemed to

Rent

Rent to be reserved in such compulsory Grant shall be determined as have existing follows; that is to say, by deducting Interest at the Rate of Five Pounds Estate for Twenty-one per Centum per Annum on the Value of the Tenant's said existing Years. Estate from the then full average annual Value of the said Lands, 5 unless the Rent so ascertained shall exceed the aggregate Amount of the annual Rent (less by the Amount of the Rent-charge in lieu of Tithes payable from such Lands) and of the annual Renewal Fines payable at the Time of the making of such compulsory Grant by more than the One Fifth Part thereof, or unless such Rent so ascer10 tained shall fall short of the aggregate Amount of the annual Rent (less such Rent-charge as aforesaid) and annual Renewal Fines then payable as aforesaid; and in case the said Rent so ascertained as aforesaid shall exceed the said Amount of the annual Rent (less such Rent-charge as aforesaid) and annual Renewal Fines then payable 15 in respect of said Lands by more than One Fifth Part of the aggregate of said Rent (less such Rent-charge as aforesaid) and annual Renewal Fines, then the Rent to be reserved in such compulsory Grant, in the Cases aforesaid, shall be the aggregate Amount of the said annual Rent (less such Rent-charge as aforesaid) and annual Renewal Fines 20 and the One Fifth Part of the Sum of said Rent and annual Renewal Fines; and if the said Rent so ascertained as aforesaid shall fall short of the aggregate Amount of the said annual Rent (less such Rent-charge as aforesaid) and annual Renewal Fines then payable in respect of said Lands, then the Rent to be reserved in such compul25 sory Grant in the Cases aforesaid shall be the aggregate Amount of the said annual Rent (less such Rent-charge as aforesaid) and annual Renewal Fines so payable as aforesaid.

served or

Years.

III. And be it enacted, That in the Case of any Tenant who at How Rent the Time of the making of such compulsory Grant shall not have to be re30 and shall not be desirous of being deemed to have, as aforesaid, an such Grant existing Estate for the full Term of Twenty-one Years as aforesaid, to be calcuthe Rent to be reserved in such compulsory Grant shall be deter- the Tenant mined by ascertaining the Renewal Fine which would be then has not an existing Inpayable by such Tenant according to the present Mode of calculating terest for 35 Fines so as to obtain a renewed Lease for the full Term of Twenty-one Twenty-one Years as aforesaid, and adding the Interest at the Rate of Five Pounds per Centum per Annum on the Fine so ascertained to the Rent which, pursuant to the Provisions of this Act, would be reserved in such compulsory Grant in the Cases of Tenants having or being so as 40 aforesaid deemed to have a fully renewed Lease, and such aggregate Sum shall be the reserved Rent in such compulsory Grant, notwithstanding that the same may exceed by more than One Fifth the aggregate of the previously reserved Rent (less such Rent-charge in lieu of Tithes as aforesaid) and annual Renewal Fines as aforesaid.

623.

IV. And

How annual average

ascertained

IV. And be it enacted, That for the Purposes of this Act the full Value of the average annual Value of the Lands (communibus annis) at the Time Lands to be of making of any such compulsory Grant shall be determined as follows; by ascertaining the Valuation of the said Lands made by the according to average Price Commissioner under the Act of Sixth and Seventh Year of the Reign 5 of Corn, &c. of King William the Fourth, Chapter Eighty-four (commonly known as Griffith's Valuation), omitting the Value of Buildings as included or estimated in such Valuation, and also ascertaining the average Prices by the Hundred Weight of the Two following Articles, viz. Wheat and Oats, and the Prices by the Quarter Hundred Weight of 10 the Two following Articles, viz. Beef and Mutton, and the Price by the Stone Weight of Butter, as said several Prices are advertised in the Dublin Gazette for the Period of Twelve Calendar Months immediately preceding the First Day of May before the Application for such compulsory Grant, and the said full average annual Value of 15 the said Lands, communibus annis, at the Time of the making of any such compulsory Grant, shall be deemed to be the annual Sum which shall bear to the said annual Sum so ascertained to be the Valuation thereof, under the said Act of the Sixth and Seventh Year of King William the Fourth, the same Proportion as the Sum of 20 the average Prices of said Five Articles so ascertained as aforesaid from the said Dublin Gazette bears to the Sum of the Prices of the said Articles as set out in the said Act as being the Standard Prices under which said Valuation under the Sixth and Seventh Year of King William the Fourth was to be made. 25

How the average annual Renewal Fine

V. And be it enacted, That for the Purposes of this Act the average annual Renewal Fine shall be deemed and taken to be such Fine as at the Time of the passing of this Act, according to the then ascertained. Custom of the said College, would be payable upon obtaining a Renewal of a Lease for Twenty-one Years, if One Year of the Term 30 thereby granted and no more was expired.

How Value

of the Tenant'sInterest ascertained for a Term of Twentyone Years.

How Value

of Tenant's a less Term

Interest for

VI. And be it enacted, That for the Purposes of this Act the Value
of the Tenant's Interest for a full Term of Twenty-one Years shall
be ascertained by deducting the annual Rent (irrespective of Fines)
payable under his Lease by the Tenant at the Time of the Service 35
by him of the Notice requiring the Perpetuity from the said then
full average annual Value of the Lands so ascertained as aforesaid,
and multiplying the Difference by Thirteen.

VII. And be it enacted, That for the Purposes of this Act the
Value of the Tenant's Interest for any lesser Period than the full 40
Term of Twenty-one Years shall be ascertained on the Supposition

that

[ocr errors][ocr errors]
« PreviousContinue »