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applicable to the Provost for the Time being of the said College in Fellows, and respect of the Lands vested in him as such Provost, save that in the College estimating the Rent to be reserved in any Grant of the Perpetuity to apply also
by the said Provost, Interest on any unpaid Fine shall not be included yested in the 5 in the Manner herein-before mentioned : Provided also, that no Provost save Tenant to the said Provost for the Time being shall be entitled to
Proviso as to demand or obtain from the said Provost for the Time being any such Grants by Grant in Perpetuity of any such Lands, unless such Tenant shall at the Provost.
the Time of obtaining such Grant have paid to the said Provost
would be payable by way of Fine, so as to obtain a fully renewed
the said Sum, with Interest thereon at Five Pounds per Centum,
First Charge, by way of Mortgage on the Lands comprised in the said
XXXIII. And be it enacted, That from and after the passing of Additional 20 this Act, in addition to the present leasing Powers possessed by the Powers to
Corporate Body of the Provost; Fellows, and Scholars of said of leasing for College, it shall and may be lawful for the said Provost, Fellows, 99 Years. and Scholars, at all Times hereafter, by any Indenture under the
Common Seal of the said College, to demise and lease any the said
heretofore usually demised into any Person or Persons whomsoever,
reversion, remainder, expectancy, or by way of future Interest,
Premium, or Consideration in Money or otherwise be given, promised,
of the full average annual Value of the said Lands demised, com-
shall duly sign, seal, and deliver a Counterpart thereof, or other-
of a then existing Lease, it shall be lawful for the said Provost,
such Rent of not less than the Three Fourths of the full average
Pounds per Centum per Annum, on the Value of such surrendered
In case of
XXXIV. And be it enacted, That it shall and may be lawful for Leases un expired new the said Provost, Fellows, and Scholars of said College, from Time Leases in
to Time and at any Time hereafter, before the Expiration of the 5 Perpetuity by the Number of Years which at the Time of the coming of this Act into College. operation shall be required to complete the then unexpired Residue
of the full Term of Twenty-one Years granted by any Lease in being at the Time of the passing of this Act, (whether such then existing Lease shall have been renewed after the passing of this Act 10 or not,) by Indenture under the Common Seal of the said College, to grant to their Tenants Leases in Perpetuity of all or any Part of the Lands comprised in such Leases or Renewals, at such Rent and upon such Terms as the said Provost, Fellows, and Scholars, and their Grantees, may determine, provided that such Grant be made to 15 take effect in immediate Possession; and that for granting of any
such Lease in Perpetuity no Fine, Foregift, Premium, or Consideration in Money or otherwise be given, promised, or accepted, and that the Rent to be reserved therein (shall not be less than the aggregate Amount of the annual Rent reserved in such previous Lease or 20 Renewal and the annual Renewal Fines, to be determined as hereinafter provided, and that the said Indenture shall contain the usual Covenants for Re-entry and Distress upon Nonpayment of Rent; and the Grantee to whom such Grant shall be made shall duly sign, seal, and deliver a Counterpart thereof, or otherwise that such Grant shall 25 be null and void : Provided also, that upon the making of any such Grant in Perpetuity it shall be lawful for the said Provost, Fellows, and Scholars to accept Surrenders of the then existing Interests of such Tenants respectively.
XXXV. And be it enacted, That nothing in this Act contained, 30 so far as same relates to granting or obtaining Perpetuities, shall extend or be deemed to extend or apply to any Houses, Tenements, , Lands or Premises belonging to the said Provost, Fellows, or Scholars which are situate within the City of Dublin or Town of Wicklow.
Provisions of XXXVI. And be it enacted, and it is hereby declared, That the 35 12 & 13 Vict. Provisions contained in an Act passed in the Twelfth and Thirteenth recovering of Years of the Reign of Her present Majesty, intituled “ An Act for Fee.farm
“ converting the renewable Leasehold Tenure of Lands in Ireland Rents, &c. thereunder
“ into a Tenure in Fee,” for Recovery of the Fee-farm Rent made to be appli. payable by any Grant under said Act, or by any Grant made after 40 Cases under the passing of said Act, and the Powers thereby given to certain this Act. Persons to redeem in Cases of Ejectment for Nonpayment of Rent of
such Fee-farm Rents are to be deemed applicable and applied to all the Cases arising under this Act.
XXXVII. And be it enacted, That the following Words and Ex- Interpretapressions in this Act shall have the Meanings hereby assigned to them, 5 unless there be something in the Subject or Context repugnant to
such Construction ; (that is to say,) Words importing the Singular Number only shall include the Plural Number, and Words importing the Plural Number only shall include the Singular Number; Words
importing the Masculine Gender only shall include Females ; the 10 Word “ Lands” shall extend to Messuages, Tenements, and Heredi
taments situate in Ireland ; the Word “Lease” shall include an Agreement for a Lease; the Word “Under-lease” shall include an Agreement for an Under-lease; and the Word “Covenant ” shall
include an Agreement; and the Word “Fine ” shall include, not only 15 a Sum of Money, but any Heriot, Matter, or Thing to be given or
done upon or for or in consideration of the obtaining of any Renewal ; and “the Court” shall mean the Court of Chancery in Ireland ; and the Word “Master” shall mean a Master in Ordinary of said Court.
of Act and
XXXVIII. And be it enacted, That this Act may be called Short Title “ The Trinity College, Dublin, Leasing and Perpetuity Act,” and
of Fee-farm the same shall be a sufficient Description thereof in citing this Act Rent. in other Acts of Parliament, or in legal Instruments or Pleadings;
and the Rent reserved under any Grant in Perpetuity made under 25 this Act may be called “Fee-farm Rent under the Trinity College,
Dublin, Leasing and Perpetuity Act," and same shall be a sufficient
XXXIX. And be it enacted, That this Act shall be deemed a Act to be a
Public Act. Public Act.
30 XL. And be it enacted, That this Act may be amended or repealed Act may be
ARRANGEMENT OF CLAUSES.
Preamble recites 11 G. 4. & 1 W. 4. c. 60., 4 & 5 W. 4. c. 23., and
1 & 2 Vict. c. 69. Repeal of recited Acts, and Continuation of Proceedings ; Sect. 1. Interpretation of Words ; 2. Lord Chancellor may convey Estates of Lunatic Trustees and Mort
gagees and contingent Rights, and may transfer Stock of Lunatic
Trustees and Mortgagees; 3—5. Transfer of Stock of deceased Person ; 6. Power of Court of Chancery with respect to Estates of Infant Trus
tees and Mortgagees, and contingent Rights of infant Trustees and
Mortgagees; 7, 8. Court of Chancery may convey the Estate of a Trustee out of its
Jurisdiction ; 9. Order of Court in Cases where Persons are seised of Lands jointly
with Parties out of Jurisdiction of Court of Chancery, &c. ; 10. Contingent Rights of Trustees; 11. As to Order of Court where Persons are jointly entitled with others
out of the Jurisdiction to a contingent Right in Lands; 12. For obviating Uncertainty as to the Survivor of several Trustees, and
the Death of the last Trustee; 13, 14. Providing for Cases of Trustee dying without an Heir, and contingent
Right of unborn Trustee; 15, 16. Power for Court of Chancery to convey in place of a refusing Trustee,
in place of Person entitled to contingent Right, and in place of
Mortgagee; 17–19. Power to appoint a Person to convey in all Cases ; 20. As to Lands in Lancaster and Durham; 21. Proceeding when Trustees of Stock are out of the Jurisdiction of the
Court; 22. Proceedings when sole Trustee of Stock refuses to transfer, and when
any Trustee of Stock refuses to transfer or receive and pay over Dividends; 23, 24. 427.