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ECCLESIASTICAL CORPORATIONS.

leases under certain re

5 & 6 VICTORIA, CAP. 108.-An act for enabling ecclesiastical corporations, aggregate and sole, to grant leases for long terms of years.Whereas it would be advantageous to the estates of ecclesiastical corporations, aggregate and sole, and for the interests of the church, if such corporations were empowered to grant leases for long terms of years, under proper reservations and restrictions: 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 it shall be lawful for any ecclesiastical corporation, aggregate or Ecclesiastisole, except any college or corporation of vicars choral, priest vicars, tions, "aggresenior vicars, custos and vicars, or minor canons, and except also gate or sole,

( any ecclesiastical hospital, or the master thereof, from time to time exceptions), after the passing of this act, with such consent and under such empowered restrictions as are hereinafter mentioned, by any deed duly executed, building to lease all or any part of the lands or houses of or belonging to such corporation in his or their corporate capacity (except as herein- strictions. after is mentioned), and whether such lands or houses may or may not have been previously leased under the provisions of this act, for any term or number of years not exceeding ninety-nine years, to take effect in possession, and not in reversion or by way of future interest, to any person who may be willing to improve or repair the present or any future houses thereon, or any of them, or to erect other houses instead thereof, or to erect any houses or other buildings on any lands whereon no building shall be standing, or who shall be willing to annex any part of the same lands to buildings erected or to be erected on the said lands or any part thereof, or otherwise to improve the said premises or any part thereof; and with or without liberty for the lessee to take down any buildings which may be

the lands in such leases respectively to be comprised, and to dispose of the materials thereof to such uses and purposes as shall be agreed upon; and with or without liberty for the lessee to set out and allot any part of the respective premises to be comprised in any such lease as and for ways, passages, sewers, drains, wells, reservoirs, yards, or otherwise, for the use and convenience of the respective lessees, tenants, or occupiers of the premises, or for the general improvement of the premises; and also with or without liberty for the lessee to dig, take, and carry away and dispose of such earth, clay, sand, loam, or gravel as it shall be found convenient to remove for effecting any of the purposes aforesaid ; so as there be reserved by every such lease the best yearly rent that can be reasonably obtained for the premises therein comprised, payable half-yearly or oftener; and so as every such lease be made without taking any fine, premium, or foregift, or any thing in the nature thereof, for or in respect of the making the same;

upon

and so as in every such lease made for the purpose of having buildings erected there shall be contained a covenant on the part of the lessee to build, complete, and finish the houses which may be agreed to be erected on the premises, if not then already done, within a time or times to be specified for that purpose, and to keep in repair during the term such houses ; and so as in every such lease made for the purpose of having buildings repaired or rebuilt there shall be contained a covenant on the part of the lessee or lessees substantially to rebuild or repair the same within a time or times to be specified for that purpose, and to keep in repair during the term the houses agreed to be rebuilt and repaired; and so as in every such lease, whether for the purpose of having buildings erected or otherwise, there be contained on the part of the lessee a covenant for the due payment of the rent to be thereby reserved, and of all taxes, charges, rates, assessments, and impositions whatsoever affecting the same premises, and also a covenant for keeping the houses erected and to be erected on the premises to be therein comprised (except any works or manufactories which may not be insurable) insured from damage by fire, to the amount of four-fifths at least of the value thereof, in some or one of the public offices of insurance in London, Westminster, Norwich, Bristol, Exeter, Newcastle-on-Tyne, York, or Liverpool, or of the Kent fire insurance company, (the particular office of insurance being named in the lease), and to lay out the money to be received by virtue of such insurance, and also all such other sums as shall be necessary, in rebuilding, repairing, and reinstating such houses as shall be destroyed or damaged by fire, and also to surrender the possession of and leave in repair the houses erected and to be erected or rebuilt or repaired on the premises therein comprised on the expiration or other sooner determination of the term to be thereby granted, and within twenty-one days after any assignment of such lease shall be made to deliver a copy of such assignment to the lessor or reversioner for the time being; and so as in every such lease there be contained a power for the lessor or reversioner for the time being, and his or their surveyors and agents, to enter upon the premises, and inspect the condition thereof, and also a proviso or condition of re-entry for non-payment of the rent or rents to be thereby reserved, or for non-performance of any of the covenants, provisoes, and conditions to be therein contained, on the part of the Iessee, his executors, administrators, or assigns, and with or without a proviso that no breach of any of the covenants, provisoes, and conditions to be therein contained (except the covenant for payment of the rent, and other such covenants, provisoes, or conditions, if any, as may be agreed between the parties to be so excepted), shall occasion any forfeiture of such lease, or of the term thereby granted, or give any right of re-entry, unless or until judgment shall have been obtained in an action for such breach of covenant, nor unless the damages and costs to be recovered in such action shall have remained unpaid for the space of three calendar months after judg. ment shall have been obtained in such action; and every such lease may also contain any other covenants, provisoes, conditions, agreements, and restrictions which shall appear reasonable to the lessor

rent.

for the time being, and the person or persons whose consent is hereby declared to be essential to the validity of such lease, and particularly any provision for apportioning the rent to be reserved by any lease made under this power, and for exonerating any part of the lands or houses to be comprised in any such lease from the payment of any specified portion of the whole rent to be thereby reserved; and so that the respective lessees execute counterparts of their respective leases.

II. And be it enacted, that on every or any building or repairing Power to lease to be granted under the authority of this act it shall be lawful increased for the corporation granting such lease to reserve a small rent, during the six first years of the term thereby created, or during any of such six first years to be specified in that behalf in such lease, and to reserve, in addition to the rent to be so reserved, an increased rent or increased rents, to become payable after the expiration of such six first years, or after any of such six years to be specified in that behalf in such lease (as the case may be), or otherwise to make any such increased rent or rents first payable at any time not exceeding six years after the commencement of the term created by such lease when a stipulated progress shall have been made in the buildings, rebuildings, or reparations in respect of the erection, construction, or reparation of which the same lease shall have been granted.

III. And be it enacted, that it shall be lawful for any corpora- Land may be tion hereby empowered to grant leases as aforesaid, with such appropriated consent as is hereby declared to be requisite to the validity of any yards, &c. lease to be granted by such corporation under the provisions of this act, to lay out and appropriate any part or parts of the lands and grounds which such corporation shall be empowered or authorized to lease on building or repairing leases, under the provisions of this act, as and for a way or ways, yard or yards, garden or gardens, to the buildings erected or to be erected on any of the same lands or grounds, or on any of the adjoining lands or grounds so to be leased as aforesaid, or for yards or places necessary or convenient for carrying on any manufacture or trade, and also to appropriate any part of the same lands and grounds as and for ways, streets, squares, avenues, passages, sewers, or otherwise, for the general improvement of the estate, and the accommodation of the lessees, tenants, and occupiers thereof, in such manner as shall be mentioned and agreed upon in any lease to be granted as aforesaid, or in any general deed to be executed for that purpose (such general deed, if any, to be duly executed by the corporation hereby authorized to make such deed, and to be made with such consent as last aforesaid, and to be enrolled in one of her majesty's courts of record at Westminster within six calendar months from the date of such deed), and also by such lease or general deed to give such privileges and other easements as the corporation hereinbefore authorized to grant such lease or make such deed shall, with such consent as aforesaid, deem reasonable or convenient.

IV. And be it enacted, that it shall be lawful for any ecclesias- Ecclesiastitical corporation, aggregate or sole, except as aforesaid, from time cal corporatime after the passing of this act, with such consent and under such lease ruu

and water

1

ning water, restrictions as are hereinafter mentioned, by any deed or deeds duly leaves and

executed, to grant by way of lease, unto any person or persons wayleaves. whomsoever, any liberties, licences, powers, or authorities to have,

use, or take, either in common with or to the exclusion of any other person or persons, all or any of the water flowing, or which shall or may flow or be made to flow, in, through, upon, or over any lands, or hereditaments belonging to such corporation in his or their corporate capacity, or any part or parts thereof, (except as herein. after is mentioned), and also any wayleaves or waterleaves, canals, watercourses, tramroads, railways, and other ways, paths, or pas. sages, either subterraneous or over the surface of any lands, store yards, wharfs, or other like easements or privileges in, upon, out of, or over any part or parts of the lands belonging to such corporation, in his or their corporate capacity, (except as hereinafter is mentioned), for any term or number of years not exceeding sixty years, to take effect in possession and not in reversion or by way of future interest, so as there be reserved on every such grant by way of lease as last aforesaid, payable half-yearly or oftener, during the continuance of the term of years thereby created, the best yearly rent or rents, either in the shape of a stated or fixed sum of money, or by way of toll or otherwise, that can be reasonably had or gotten for the same, without taking any fine, premium, or foregift, or any thing in the nature of a fine, premium, or foregift, for the making thereof (other than any provision or provisions which it may be deemed expedient to insert in any such grant, rendering it obligatory on the grantee or lessee, or grantees or lessees, to repair or contribute to the repair of any roads or ways, or to keep open or otherwise use, in any specified manner, any water or watercourse to be comprised in or affected by any such grant or lease); and so as there be contained in every such grant by way of lease as last aforesaid a condition or power of re-entry, or a power to make void the same, in case the rent thereby reserved or made payable, or any part thereof, shall not be paid within some reasonable time to be therein specified in that behalf; and so as the respective grantees or lessees do execute counterparts of the respective grants or leases, and generally that in and by each or any such grant by way of lease as last aforesaid there shall or may be reserved and contained any other reservations, covenants, agreements, provisoes, or stipulations whatsoever not inconsistent with those hereby required to be reserved or contained in each such grant by way of lease which it shall be deemed expedient to introduce therein.

V. And be it enacted, that it shall be lawful for any corporation leases voida. hereby empowered to grant leases, from time to time, with such ble for infor- consent as is hereby declared to be requisite to the validity of any mality, and

lease to be granted by such corporation under the provisions of this

act, to confirm any lease, grant, or general deed purporting to have new leases or been granted or made under the authority of this act, in any case in apportioned which for some technical error, informality, or irregularity in exerleases.

cising the powers of this act such lease, grant, or deed shall be
voidable or questionable, or to accept an actual or virtual surrender
of
any

lease or grant which shall have been made and executed, or
which shall purport to have been made and executed, by virtue of

Power to confirm

to accept surrenders and grant

this act; and so far as regards any mines, minerals, quarries, or beds, watercourses, ways, or other easements, which may be comprised in any such surrendered lease or grant, with such consent as aforesaid, to make any new lease or grant thereof in the same manner, from time to time, as if the powers of leasing herein contained had not been previously exercised; and so far as regards any lands and houses comprised in any such surrendered lease which may have been granted for building or repairing purposes, in any casc where, at the time when such surrender shall be accepted, onefourth part or more than one-fourth part of the term originally granted shall remain unexpired, with such consent as aforesaid, to make a new lease or several apportioned leases of the lands and houses comprised in such surrendered lease, for any time not exceeding the then residue of the term granted, or mentioned or intended to be granted, by such surrendered lease, and at a rent or apportioned rents equal in amount to or exceeding the former rent or rents, yet so nevertheless that no one rent shall be less than forty shillings, and so that the rent to be reserved by any apportioned lease shall in no case exceed one-fifth part of the rack rent value of the land to be comprised in such lease, and of the houses erected or to be erected thereon, when finished and fit for habitation; and so far as regards any lands and houses comprised in any such surrendered lease which may have been granted for building or repairing purposes, in any case where, at the time when such surrender shall be accepted, less than one-fourth part of the term originally granted shall remain unexpired, with such consent as aforesaid, to make any new lease or grant thereof, in the same manner, as far as may be applicable, as if the powers of leasing herein contained had not been exercised; and so also that in the case of the confirmation of any lease, or of the making of any new lease or grant, whether the same shall be a lease of houses for building or repairing purposes, or a lease or grant of any mines, minerals, quarries, or beds, watercourses, ways, or other easements, no fine, premium, or foregift shall be accepted for making or giving any such confirmation, or new lease or grant or apportioned lease respectively, and so as the lessee or grantee, his executors, administrators, or assigns, whose lease or grant shall be so confirmed, or to whom any such new or apportioned lease shall be granted in lieu of any former lease as aforesaid, do consent to accept such confirmation, or new lease or grant, or apportioned lease, and do execute a counterpart thereof. VI. And be it enacted, that it shall be lawful for any ecclesias- Mining

leases may be tical corporation, aggregate or sole, except as aforesaid, from time to

granted. time, with the consent or consents hereby required, to grant or demise, by lease, for any term not exceeding sixty years, to take effect in possession, and not in reversion or by way of future interest, any mines, minerals, quarries, or beds belonging to such corporation, together with the right of working or of opening and working the same, and of working any adjacent mine by way of outstroke or other under ground communication, and together also with such portion of land belonging to such corporation, and all such rights and liberties of way and passage, and other rights, easements, and facilities for the opening and working of all such mines, minerals,

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