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ning water,

and waterleaves and

wayleaves,

Power to

confirm

restrictions as are hereinafter mentioned, by any deed or deeds duly executed, to grant by way of lease, unto any person or persons 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 hereinafter is mentioned), and also any wayleaves or waterleaves, canals, watercourses, tramroads, railways, and other ways, paths, or passages, 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 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 exer

mality, and to accept surrenders and grant

leases. 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

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 case 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 ecclesiastical corporation, aggregate or sole, except as aforesaid, from time to 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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Execution of a lease by the necessary consenting

the requi

quarries, or beds, and leading and carrying away the produce thereof, or otherwise incident to mining operations, as shall be deemed expedient; 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. VII. And be it enacted, that the execution of any lease, grant, or general deed by the person or corporation, or several persons or corparties to be porations, whose consent is hereby made requisite to the validity of evidence that such lease or grant or general deed, shall be conclusive evidence 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, 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.

sites of this

complied

with.

Act not to restrain ex

of leasing,

except that

under this

leased except

VIII. And be it enacted, that nothing in this act contained shall isting powers restrain any corporation hereby empowered to grant leases and make 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 land 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

Nouse of re

same.

IX. Provided always, and be it enacted, that this act shall not sidence, 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

den, &c. not

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.

value of

3 & 4 Vict.

c. 113.

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 paid to comrevenues 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 forthwith 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 forthwith 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.

value of

a certain

missioners.

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 perty 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 c. 39. 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

Improved

value of

order shall, by the authority in the first recited act provided, be forthwith directed to be increased to the extent of such improvement 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.

XII. And be it enacted, that in the case of any archdeaconry the archdeacon- annual value of which shall be improved by means of any lease ries above a granted under this act, it shall be lawful, by the authority provided amount to be in the said first recited act, forthwith to direct, that from and after paid to con- the vacancy of such archdeaconry next following the date of such

certain

missioners.

Improved value of benefices

tain amount

ers.

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.

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 cer- 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 commission- 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.

Portion of improved

value under mining

XIV. Provided always, and be it enacted, that in case of any lease of mines, minerals, quarries, or beds granted under this act such portion of the improved value accruing thereunder as by the

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