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CAP. XXVI. An Act for granting Relief against Defects in Leases made under Powers of Leasing, in certain Cases.

[26th June 1849.144, Arhete

Vo Law Reviens : WHEREAS through Mistake or Inadvertence on the Part on Seltenenty of Persons granting Leases, and through Ignorance on

wol 11 the Part of Lessees of the Titles of Persons from whom Leases ' are accepted, Leases granted by Persons having valid Powers

Now 784 of Leasing are frequently invalid as against the Successors in de po23 • Estate of such Persons by reason of the Nonobservance or The • Omission of some Condition or Restriction, or by reason of ment of the * some other Deviation from the Terms of such Powers: Andact is oua paur? · whereas Leases granted in the intended Exercise of such

an ' fame 1852 • Powers are sometimes invalid as against the Successors in 12 y 13 hec/h • Estate of the Persons granting the same by reason that at the * Time of granting the same the Person granting the Lease

could not lawfully grant such Lease, although at a subsequent • Time, and during the Continuance of his Estate in the Here

ditaments comprised in such Lease, he might have granted • the same in the lawful Exercise of such Power: And whereas . it is expedient that Provision should be made for granting - Relief in the Cases aforesaid, in manner after mentioned :' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in construing this Act Words Interpretation importing the Singular Number shall include the Plural Num- of Terms. ber, and Words importing the Plural Number shall include the Singular Number, and Words importing Males shall extend to Females, and the Word “Person” shall include Corporations aggregate or sole, unless in any of the Cases aforesaid there be something in the Context repugnant to such Construction.

II. And be it enacted, That where in the intended Exercise_Leases invalid of any such Power of Leasing as aforesaid, whether derived owing to De

der an Act of Parliament or under any Instrument lawfully Terms of the creating such Power, a Lease has been or shall hereafter be power to be granted, which is, by reason of the Nonobservance or Omission deemed Conof some Condition or Restriction, or by reason

tracts in Equity

of Deviation from the Terms of such Power, invalid as against as might have the Person entitled after the Determination of the Interest of been granted the Person granting such Lease to the Reversion, or against under the other the Person who, subject to any Lease lawfully granted under such Power, would have been entitled to the Hereditaments comprised in such Lease, such Lease, in case the same have been made bona fide, and the Lessee named therein, his Heirs, Executors, Administrators, or Assigns, (as the Case may require,) have entered thereunder, shall be considered in Equity as a Contract for a Grant, at the

Request of the Lessee, his Heirs, Executors, Administrators, or Assigns, (as the Case may

require,)

any other

for such Leases

firm.

Rent to be

firmation.

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require,) of a valid Lease under such Power, to the like Pur-
port and Effect as such invalid Lease as aforesaid, save so far as
any Variation may be necessary in order to comply with the
Terms of such Power; and all Persons who would have been

bound by a Lease lawfully granted under such Power shall be Proviso where bound in Equity by such Contract: Provided always, that no the Grantor or Lessee under any such invalid Lease as aforesaid, his Heirs, willing to con. Executors, Administrators, or Assigns, shall be entitled by

virtue of any such equitable Contract as aforesaid to obtain any
Variation of such Lease, where the Persons who would have
been bound by such Contract are willing to confirm such Lease

without Variation.
Acceptance of III. And be it enacted, That the Acceptance of Rent under
deemed a Con- any such invalid Lease as aforesaid shall, as against the Person

so accepting the same, be deemed a Confirmation of such Lease. Leases invalid IV. And be it enacted, That where a Lease granted in the at the granting intended Exercise of any such Power of Leasing as aforesaid

is thereof inay become valid invalid by reason that at the Time of the granting

thereof the
if the Grantor Person granting the same could not lawfully grant such Lease,
continue in the but the Estate of such Person in the Hereditaments comprised
Ownership
until the Time in such Lease shall have continued after the Time when such
when he might or the like Lease might have been granted by him in the lawful
lawfully grant Exercise of such Power, then and in every such Case such Lease
such a Lease.

shall take effect and be as valid as if the same had been granted
at such last-mentioned Time, and all the Provisions herein

contained shall apply to every such Lease.
What shall be V. And be it enacted, That when a valid Power of Leasing
deemed an in- is vested in or may be exercised by a Person granting a Lease,

and such Lease (by reason of the Determination of the Estate
or Interest of such Person or otherwise) cannot have Effect and
Continuance according to the Terms thereof, independently of
such Power, such Lease shall, for the Purposes of this Act, be
deemed to be granted in the intended Exercise of such Power,

although such Power be not referred to in such Lease.
Saving the VI. Provided always, and be it enacted, That nothing in this
Rights of the

Act contained shall extend or be construed to prejudice or take Lessees under

away any Right of Action or other Right or Remedy to which, Title and for but for the passing of this Act, the Lessee named in any such quiet Enjoy- Lease as aforesaid, his Heirs, Executors, Administrators, or ment, and the Lessor's Right Assigns, would or might have been entitled, under or by virtue of Re-entry of any Covenant for Title or quiet Enjoyment contained in

such Lease on the Part of the Person granting the same, or to Covenant, &c.

prejudice or take away any Right of Re-entry or other Right
or Remedy to which, but for the passing of this Act, the Per-
son granting such Lease, his Heirs, Executors, Administrators,
or Assigns, or other the Person for the Time being entitled to
the Reversion expectant on the Determination of such Lease,
would or might have been entitled, for or by reason of any
Breach of the Covenants, Conditions, or Provisoes contained in
such Lease, and on the Part of the Lessee, his Heirs, Executors,
Administrators, or Assigns, to be observed and performed.

VII. And

tended Exercise of a Power.

Covenants for

for Breach of

VII. And be it enacted, That this Act shall not extend to Act not to
any Lease by an Ecclesiastical Corporation or Spiritual Person, tain Leases
or to any Lease of the Possessions of any College, Hospital, or
Charitable Foundation, or to any Lease where, before the pass-
ing of this Act, the Hereditaments comprised in such Lease
have been surrendered or relinquished, or recovered adversely,
by reason of the Invalidity thereof, or there has been any Judge
ment or Decree in any Action or Suit concerning the Validity
of such Lease, and shall not prejudice or affect any Action or Pending Suits
Suit already commenced and now pending in any Court of Law not to be pre-

judiced.
or Equity, but every such Action and Suit may be proceeded
with, and such Relief had therein, as if this Act had not passed.

VIII. And be it enacted, That this Act shall not extend to Extent of Act.
Scotland.

IX. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c.

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tenant may

CAP. XXVII.
An Act to remove Doubts concerning the Transport-

ation of Offenders under Judgment of Death to whom
Mercy may be extended in Ireland.

[26th June 1849.]
WHEREAS Doubts have arisen as to the Power of the

Crown to mitigate the Punishment of Offenders under • Judgment of Death for Treason in Ireland:' Be it declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That whenever Her Majesty, or the Lord Her Majesty or Lieutenant or other Chief Governor or Governors of Ireland for the Lord Lieuthe Time being, shall be pleased to extend Mercy to any Offen- order the Transder under Judgment of Death in Ireland for any Offence what- portation of any soever by Law punishable with Death, it shall be lawful for Offender under Her Majesty, by Warrant under Her Royal Sign Manual, or Death to whom

Judgment of for the Lord Lieutenant or other Chief Governor or Governors Mercy may be of Ireland for the Time being, by Warrant signed by such Lord extended. Lieutenant or other Chief Governor or Governors, to order the Transportation of such Offender for the Term of the natural Life of such Offender, or for any Term of Years (as in such Warrant shall be expressed); and such Warrant shall be as effectual in the Law, and shall be carried into execution by the Transportation of such Offender to any Place beyond the Seas to which Offenders may be transported, in the same Manner as if such Warrant had been a Sentence and Order for the Transportation for the like Term of such Offender pronounced, made, and recorded in respect of an Offence in respect of which such Sentence and Order might have been pronounced and made by a Court of competent Jurisdiction.

II. And

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Warrants to be recorded.

II. And be it enacted, That every such Warrant shall be lodged with the Clerk of the Crown or Clerk of the Peace acting for the Court where the Judgment of Death hath been or shall be pronounced or recorded, to be kept among the Records of such Court.

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CAP. XXVIII.
An Act to enable the Commissioners of Greenwich

Hospital to regulate and manage the Markets held
at Greenwich in the County of Kent.

[26th June 1849 ] W HEREAS His Majesty King William

the Third, by His Letters Patent, dated at Westminster the Eighteenth Day of July One thousand seven hundred, did give and grant ' to the Right Honourable Henry Earl of Romney, his Heirs • and Assigns, free, lawful, and absolute Right, Power, Licence, . and Authority, for him, his Heirs and Assigns, to have, keep, • and enjoy, at the Villa of East Greenwich in the County of Kent, Two Markets upon Wednesday and Saturday in every • Week for ever, for the buying and selling all Goods and • Wares whatsoever commonly bought and sold in such Markets, ' together with free Liberty of erecting and keeping a Court • of Piepowder, with all Liberties, free Customs, Powers, Cus

toms, Tolls, and other Profits and Commodities thereunto be• longing or in anywise appertaining, as mentioned in the said · Letters Patent: And whereas by an Indenture dated the • Ninth Day of December One thousand seven hundred, made

between the said Henry Earl of Romney of the one Part, and

the several Persons therein named of the other Part, and by • virtue of Two several Acts of Parliament passed in the Sis• teenth Year of the Reign of His Majesty King George the • Third, and the Tenth Year of the Reign of His Majesty King

George the Fourth, relating to the Property of the Commis. sioners of Greenwich Hospital, the said Two Markets and . Court of Piepowder in and by the said recited Letters Patent

granted, together with the said Letters Patent, and all Tolls, and other Profits, Benefits, Advantages, and Appurtenances whatsoever to them belonging or appertaining, or that should come or accrue by the same, became vested in the Commissioners of Greenwich Hospital and their Successors, in trust for and as part of the Estates and Property of the said

Hospital: And whereas the said Commissioners have at con"siderable Expense erected on certain Ground, forming Part of

the Estates and Property of the said Hospital, a commodious • Market Place, with suitable Buildings, in which the said o Markets are now carried on: And whereas the said Markets

are of great Benefit and Advantage to the Inhabitants of the : Parish of Greenwich, and it is expedient that the said Com

missioners

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the Market.

• missioners should be empowered to make proper Rules and • Regulations for the better Management thereof: May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That “ The Markets and Fairs Clauses 10 & 11 Viet. Act, 1847,” shall be incorporated with and form Part of this c. 14. incorAct, except so far as the same is inconsistent therewith, or may this Act.

porated with be hereby varied or altered.

II. And be it enacted, That in citing this Act in other Acts Short Title of of Parliament, and in Deeds, legal Instruments, and legal and Act. other Proceedings, it shall be sufficient to use the Expression “ The Greenwich Markets Act, 1849." III. And be it enacted, That the Commissioners of Green- of Greenwich

Commissioners wich Hospital shall be the Undertakers for regulating and Hospital to be managing the Markets according to the Provisions of this Act Undertakers

for regulating and the Act incorporated herewith.

IV. And be it enacted, That the Limits within which this Limits of Act. and the said incorporated Act shall be put in force shall be the said Parish of Greenwich. V. And be it enacted, That immediately after the passing of Tolls to be

taken, this Act all Tolls, Pickage, Stallage, Rents, and Duties whatsoever which have been heretofore demanded by the said Commissioners under the Authority of the said recited Letters Patent, or by Custom or otherwise, and all Exemptions from the Payment of such Tolls, Pickage, Stallage, Rents, and Duties which have been heretofore claimed by any Person or Persons whomsoever, shall cease, and the same are hereby absolutely extinguished; and it shall be lawful for the said Commissioners and their Successors from Time to Time to demand from any Person or Persons occupying or using any Stand, Stall, Shed, or Place in the Market Place or Buildings, or bringing into any such Market Place or Buildings any Poultry, or marketable Provisions, Goods, Wares, Merchandize, Articles, or Things specified in the Schedule to this Act annexed, such Stallage, Rents, and Tolls as the said Commissioners shall from Time to Time appoint, not exceeding the several Stallages, Rents, and Tolls specified in the said Schedule.

VI. And be it enacted, That it shall be lawful for the Person Tolls for for the Time being appointed to attend the Weighing House or weighing or Place for weighing or measuring any Article sold in the Market measuring. Place and Buildings by Weight or Measure, or for weighing any Waggon or Cart, from Time to Time to demand such Tolls as the said Commissioners or their Successors shall appoint, not exceeding in any Case the Amount specified in the Schedule to this Act annexed.

VII. And be it enacted, That with respect to any Bye Bye Laws to Laws to be made under the Authority of this Act and the be in Writing, Act incorporated herewith the same shall be reduced to Writing Two of the

under Commissioners.

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