Page images
PDF
EPUB

with.

quarries, or beds, and leading and carrying away the produce thereof, or otherwise incident to mining operations, as shall be deemed ex. pedient; and every such lease shall contain such reservations by way of rent, royalty, or share of the produce in kind, all or any thereof, or otherwise, and such powers, provisoes, restrictions, and covenants, as shall be approved by the ecclesiastical commissioners for England, due regard being had to the custom of the country or district within which such mines, minerals, quarries, or beds are situate; and no fine, premium, or foregift, nor any thing in the

nature thereof, shall be taken for or in respect of any such lease. Execution of VII. And be it enacted, that the execution of any lease, grant, or a lease by the necessary

general deed by the person or corporation, or several persons or corconsentine porations, whose consent is hereby made requisite to the validity of evidence that such lease or grant or general deed, shall be conclusive evidence sites of this that the several matters and things by this act required to be done act have been and performed previously to the granting or making of such lease, coinplied

grant, or general deed have been duly done and performed, and that the property comprised in such lease, grant, or general deed (as the case may be) does not form any part of the property excepted out of the powers of leasing conferred by this act, and that the rent reserved by such lease (except an apportioned lease or grant) is the best rent that could be reasonably obtained for the property or rights comprised in such lease or grant, and that no fine, premium, or foregift, or any thing in the nature thereof, hath been taken for or in respect of the granting or making of such lease or grant, and (in the case of an apportioned lease) that the rent reserved by each such apportioned lease does not exceed one-fifth part of the rack rent value of the land comprised in such lease and of the houses erected or to be erected thereon, when fit for habitation.

VIII. And be it enacted, that nothing in this act contained shall isting powers

restrain any corporation hereby empowered to grant leases and make of leasing, grants as aforesaid from granting any leases or making any grants, after a lease whether by way of renewal or otherwise, which such corporation act the hand might have lawfully and rightfully granted or made, either under shall not be the provisions of any public or private act of parliament, or under at rack rent. any other authority, or in any other manner whatsoever, in case this

act had not been passed, or from taking any fine, premium, or foregift from the lessees in any renewed or new leases named or to be named, or from their under lessees, or from any other persons having or claiming an interest in any such renewal, for any such renewed or new leases, save and except that in every lease (other than any lease granted under the powers of this act) which shall be granted by any such corporation as aforesaid, of any lands or houses which shall have been leased for building or repairing purposes under any of the powers of this act, there shall be reserved the best improved rent, payable half-yearly or oftener, which can be obtained for the same, without taking any fine, premium, or foregift, or any thing in the nature of a fine, premium, or foregift, for making or granting the

Act not to restrain ex

same.

Rouse of re

IX. Provided always, and be it enacted, that this act shall not sia ince, gar authorize the granting of a lease, or the laying out or appropriating, to be leased. for the purposes in this act mentioned, of the palace or usual house

3 & 4 Vict.

c. 113.

of residence of or belonging to any archbishop or bishop, or any other corporation sole hereby empowered to grant leases as aforesaid, or of or belonging to any corporation aggregate or to any member of any corporation aggregate hereby authorized to grant leases as aforesaid, or of any offices, outbuildings, yards, gardens, orchards, or pleasure grounds to any such palace or other house of residence adjoining or appurtenant, and which may be necessary or convenient for actual occupation with such palace or other house of residence, or the grant or lease of any mines, minerals, quarries, or beds, watercourses, ways, or other easements, the grant whereof may be prejudicial to the convenient enjoyment of any such palace or house of residence, or the pleasure grounds belonging thereto, or the leasing for the purposes aforesaid of any lands which any such corporation sole or aggregate, or any member of any such corporation aggregate, is expressly restrained from leasing by the provisions of any local or private act of parliament now in force.

X. And be it enacted, that upon any improvement in the annual Improved value of any see, by means of any lease granted under this act or episcopal esotherwise, the annual sum, if any, directed to be charged upon the tates to be revenues of such see by any order in council, shall

, by the authority missioners. provided in an act passed in the fourth year of her majesty's reign, intitled an act to carry into effect, with certain modifications, the fourth report of the commissioners of ecclesiastical duties and revenues, be forth with directed to be increased to the extent of such improvement; or the annual sum (if any) directed by any like order to be paid to the bishop of such see shall, by the like authority, be forthwith directed to be reduced to the like extent, or to be altogether annulled, if not exceeding such improvement; and if such improvement shall exceed the annual sum so directed to be paid to such bishop, or if no annual sum shall have been directed to be paid by or to such bishop, then a fixed annual sum, equal to the excess in the one case, or to the whole of such improvement in the other case, shall, by the like authority, be forth with directed to be charged upon the revenues of such see; and the increased or reduced or new payment (as the case may be) shall take effect upon the avoidance of the see next after such improvement, and not sooner.

XI. And be enacted, that the provisions of the said recited act, Improved and of an act passed in the fourth year of her majesty's reign, chapter prointituled an act to explain and amend two several acts relating to the periy above ecclesiastical commissioners for England, under which provisions the amount to be incomes of the deans and canons of the cathedral church of Saint paid to comPaul in London, and of the collegiate churches of Westminster and 4 & 5 Vict. Manchester, are to be so charged as to leave to such deans and canons the average annual incomes respectively specified in the same acts, shall be extended so as to apply to all other deans and canons of cathedral and collegiate churches, (save and except the dean and canons of the cathedral church of Christ in Oxford), whose annual incomes shall be improved beyond the amounts of such average annual incomes respectively; and that upon any improvement in the annual revenues of any cathedral or collegiate church, after the gazetting of any order in council for charging the incomes of the dean or canons thereof, the amount of the charge created by such

c. 39.

ries above a certain

value of benefices

order shall, by the authority in the first recited act provided, be forth with directed to be increased to the extent of such improve. ment: provided always, that any improvement in the annual value of the revenues of the dean and canons of the said cathedral church of Christ in Oxford by means of any lease granted under the provisions of this act, and not otherwise, shall be subject to the provisions of this act affecting deans and canons of other cathedral or collegiate churches : provided also, that no charge so created, nor any increase of any such charge, shall affect the income of any dean or canon in

possession at the time of such improvement. Improved XII. And be it enacted, that in the case of any archdeaconry the arendeacon- annual value of which shall be improved by means of any lease

granted under this act, it shall be lawful, by the authority provided amount to be in the said first recited act, forth with to direct, that from and after paid to con- the vacancy of such archdeaconry next following the date of such

lease such portion of the rent, royalty, or other consideration reserved by such lease as by the like authority shall be deemed expedient shall be paid, and the same shall accordingly from time to time be paid to the ecclesiastical commissioners for England, and become and be subject to the provisions of the same act: provided always, that the average annual income of the archdeacon shall not

be thereby left at a less sum than five hundred pounds. Improved XIII. And be it enacted, that, in the case of any benefice the

annual value of which shall be improved by means of any lease above a cero granted by the incumbent thereof under this act, it shall be lawful, to be paid to by the authority provided in the first recited act, at any time within con mission- three years from the date of such lease, to direct that from and

after the vacancy of such benefice next following such date such portion of the rent, royalty, or other consideration reserved by such lease as by the like authority shall be deemed expedient shall be paid, and the same shall accordingly from time to time be paid to the said ecclesiastical commissioners for England, and shall be by them from time to time applied according to the provisions of the same act in making additional provision for the cure of souls : provided always, that notice shall be given to the patron or patrons of such benefice, of any scheme affecting the same, three calendar months previously to such scheme being laid before her majesty in council; and the objections (if any) of such patron or patrons shall be laid before her majesty in council together with such scheme: provided also, that the average annual income of such benefice shall not under this provision be left at a less sum than six hundred pounds if the population thereof amount to two thousand, nor at a less sum than five hundred pounds if the population thereof amount to one thousand, nor in any other case at a less sum than three hundred pounds: provided also, that in making any such provision for the cure of souls out of rent, royalty, or other consideration reserved by any lease as aforesaid, the wants and circumstances of the places in which the lands, mines, minerals, quarries, or beds demised by such lease are situate shall be primarily considered.

XIV. Provided always, and be it enacted, that in case of any improved

lease of mines, minerals, quarries, or beds granted under this act mining such portion of the improved value accruing thereunder as by the

Portion of

value under

.

like authority shall be determined, not being more than three-fourth leases to be parts nor less than one moiety of such improved value, shall forth- paid to comwith, and from time to time as the same shall accrue, be paid to the said ecclesiastical commissioners for England, and shall be subject to the provisions relating to monies payable to them; and the remainder of such improved value shall be deemed to be an improvement within the meaning of the provisions relating to the incomes of archbishops and bishops, deans and canons, archdeacons, and incumbents of benefices respectively.

XV. And be it enacted, that all the powers and authorities vested Powers of in her majesty in council and in the said commissioners by the first- c. 113. recited act with reference to the matters therein contained, and all extended to other the provisions of the same act relating to schemes, and orders prepared, made, and issued for the purposes thereof, shall be continued and extended and apply to her majesty in council and to the said commissioners, and to all schemes and orders, prepared, made, and issued by them respectively with reference to all matters contained in this act, as fully and effectually as if the said powers, authorities, and other provisions were repeated herein.

XVI. And be it enacted, that any lease or leases may be granted Leases under under the powers of this act, on the surrender of any existing lease the natieray or leases (which shall not have been granted under the provisions the surrendof this act), of all or any part of the premises proposed to be com- isting leases. prised in such new lease or leases, and may be granted either to the person or persons surrendering the existing lease or leases, or to any other person or persons whomsoever; and each holder of any existing lease or leases granted otherwise than under the provisions of this act, of any lands or houses, or of any mines, minerals, quarries, or beds, which, if not in lease, would be capable of being leased under the powers of this act, is hereby authorized to surrender such lease or leases with a view to the granting of a new lease or several new leases thereof, or of any part thereof, under the powers of this act, whether at the time of making such surrender the period at which such existing lease or leases may be legally or accustomably renewable shall or shall not have arrived; and in the case of any lease granted under the powers of this act on the surrender of any existing lease or leases as aforesaid, an adequate deduction shall be made from the rent, royalty, or other consideration to be reserved on the new lease, in proportion to the value of the term or interest which shall be surrendered as aforesaid in the lands or houses, mines, minerals, quarries, or beds, or any part thereof respectively, comprised in such new lease.

XVII. And be it enacted, that whenever a surrender shall be Not necesmade of any existing lease for the purpose of taking a new lease fary to sur, or new leases by virtue of this act, whether the existing lease shall leases before or shall not have been granted under the provisions of this act, the a lease under new lease shall be deemed to be a renewal of the surrendered lease this act. within the scope and meaning of the sixth section of an act passed in the fourth year of the reign of king George the second, intituled 4 G. 2, c. 28, an act for the more effectual preventing of frauds committed by tenants, s. 6. and for the more easy recovery of rents and renewal of leases, so far as to render unnecessary the surrender of any under leases previously

make maps,

new lease is

to the grant of such new lease, and to give full effect to such new lease in all respects, notwithstanding any under lease or under leases may not be surrendered: provided that in any such case as is herein contemplated, if any subsisting unsurrendered under lease shall contain any covenant or provision for the renewal or extension of the interest conferred by such under lease, on payment by the under lessee of a proportionate part of the fines and fees attending the renewal of the chief lease, the under lessee shall not compel a renewal of the under lease under such covenant, except upon the terms of securing to the under lessor a rent, royalty, or other consideration bearing the same proportion to the whole rent, royalty, or other consideration reserved to the corporation exercising the powers of this act, upon the new lease granted under this act, as the amount which upon any ordinary renewal ought to have been paid by such under lessee of the fines and fees of or attending such renewal, would have borne to the whole amount of the fines and

fees attending such renewal. Surveyor to XVIII. And be it enacted, that whenever any lease or apportioned valuation,

leases, or grant by way of lease, is or are intended to be granted or &c. when a made, or any land or ground is proposed to be laid out or appro. intended. priated, under the authority of this act, a competent surveyor shall

be appointed in writing by the ecclesiastical commissioners for England, with the consent of the corporation proposing to grant such lease or apportioned leases, or make such grant, or to lay out or appropriate such land or ground (as the case may be); and such surveyor shall make any such report, map, plan, statement, valuation, or certificate, as shall be deemed necessary, and be required by the

said commissioners or by such corporation. As to dilapi- XIX. And be it enacted, that no person being or having been an

ecclesiastical corporation sole, nor the private estate or representatives of such person, shall be liable to the successor of such corporation for or on account of any dilapidations which shall occur in or about any houses or buildings belonging to such corporation whilst the same shall be held under any lease for building or repairing purposes

granted under the powers of this act. Consents re- XX. And be it enacted, that each lease or grant to be granted or quisite to the validity

made under the provisions of this act shall be made with the consent

of the said ecclesiastical commissioners for England, and also with der this act. such further consent as hereinafter mentioned; (that is to say), each

lease or grant granted or made by any incumbent of a benefice, with the consent of the patron thereof; and each lease or grant by any corporation, either aggregate or sole, under the provisions of this act, of any lands or houses, mines, minerals, quarries, or beds, of copyhold or customary tenure, or of any watercourses, ways, or easements in, upon, over, or under any such lands, where the copyhold or customary tenant thereof is not authorized to grant or make leases or grants for the term of years intended to be created by such lease or grant, without the licence of the lord of the manor, shall be made with the consent of the lord for the time being of the manor of which the same lands or houses, mines, minerals, quarties, or beds, shall be holden, in addition to the other consents hereby made requisite to the validity of such lease or grant, and such consent

dations,

of leases

« PreviousContinue »