missioners.

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.

3 & 4 Vict.

this act.

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.

be made on

er of the ex

isting leases.

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 act may 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 comprised 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.

render under

the grant of

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 sary to suror 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

Surveyor to

valuation,

new lease is intended.

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.

XVIII. And be it enacted, that whenever any lease or apportioned make maps, 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 appropriated, 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 dilapidations.

Consents requisite to the validity of leases granted un

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.

XX. And be it enacted, that each lease or grant to be granted or 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, quarries, 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

shall amount to a valid licence to lease or grant the same lands or houses, mines, minerals, quarries, or beds, watercourses, ways, or easements, (as the case may be), for the time for which the same shall be expressed to be demised or granted by such lease or grant. XXI. And be it enacted, that the consent of each person whose Consenting consent is hereby required to any deed to be made under the parties to be authority of this act shall be testified by such person being made a deeds. party to such deed, and duly executing the same.

parties to the

tronage in

XXII. And be it enacted, that in any case in which the consent How consent of patron to or concurrence of the patron of any benefice is hereby required, and be testified the patronage of such benefice shall be in the crown, the consent or where paconcurrence of the crown shall be testified in the manner hereinafter the crown; mentioned; (that is to say), if such benefice shall be above the yearly value of twenty pounds in the king's books, the instrument by which such consent or concurrence is to be testified shall be executed by the lord high treasurer or first commissioner of the treasury for the time being; and if such benefice shall not exceed the yearly value of twenty pounds in the king's books, such instrument shall be executed by the lord high chancellor, lord keeper or lords commissioners of the great seal, for the time being; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, such instrument shall be executed by the chancellor of the said duchy for the time being; and the execution of such instrument by such person or persons shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice.

patronage is

Cornwall;

XXIII. And be it enacted, that in any case in which the consent how where or concurrence of the patron of any benefice is hereby required, and attached to the right of patronage of such benefice shall be part of the possessions the duchy of of the duchy of Cornwall, the consent or concurrence of the patron of such benefice to the exercise of such power shall be testified in the manner hereinafter mentioned; (that is to say), the instrument by which such consent or concurrence is to be testified shall, whenever there shall be a duke of Cornwall, whether he be of full age or otherwise, be under his great or privy seal, or if there be no duke of Cornwall, and such benefice shall be in the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by the same person or persons who is or are authorized to testify the consent or concurrence of the crown; and such instrument, being so sealed or executed, shall be deemed and taken, for the purposes of this act, to be an execution by the patron of the benefice.

capacitated

XXIV. And be it enacted, that in any case in which the consent how where patron or or concurrence of the patron of any benefice, or of the lord for the lord of mantime being of any manor, is hereby required, and the patron of such or is an inbenefice, or the lord for the time being of such manor, as the case person. may be, shall be a minor, idiot, lunatic, or feme covert, or beyond seas, it shall be lawful for the guardian, committee, husband, or attorney, as the case may be, of such patron or lord, but in case of a feme covert not being a minor, idiot, or lunatic, or beyond the seas, with her consent in writing, to execute the instrument by which such consent or concurrence is to be testified, in testimony of the consent or concurrence of such patron or lord; and such execution

Persons entitled to present on vacancy

shall be con

patron.

shall, for the purposes of this act, be deemed and taken to be an execution by the patron of the benefice, or by the lord of the manor, as the case may be.

XXV. And be it enacted, that the person or persons, if not more than two, or the majority of the persons if more than two, or the corporation, who or which would for the time being be entitled to sidered the the turn or right of presentation to any benefice if the same were then vacant, shall, for the purposes of this act, be considered to be the patron thereof: provided nevertheless, that in the case of the patronage being exercised alternately by different patrons, the person or persons, if not more than two, or the majority of the persons, if more than two, or the corporation, who or which would for the time being be entitled to the second turn or right of presentation to any benefice, if the same were then vacant, shall for the purposes of this act, jointly with the person or persons or corporation entitled to the first turn or right of presentation, be considered to be the patron thereof.

Same party may consent

XXVI. And be it enacted, that in all cases in which any person in more than shall sustain more than one or all of the characters in which his onecharacter execution of or consent to or concurrence in any deed or act is required by this act, such person shall or may at any time act in both or all of the characters which he shall so sustain as aforesaid, and execute and do all or any of such deeds and acts as are hereby authorized to be executed and done, as effectually as different persons, each sustaining one of those characters, could execute and do the same.

Corporations aggregate to

XXVII. And be it enacted, that in all cases in which the consent act by their or concurrence of any corporation aggregate having a common seal common seal shall be requisite to any lease, grant, appointment of a surveyor, or other deed, writing, or instrument, to be made in pursuance and for the purposes of this act, the consent or concurrence of such corporation shall be testified by the scaling of the lease, grant, appointment, or other deed, writing, or instrument with the common seal of such corporation.

Act to extend

to lands held

XXVIII. And be it enacted, that whenever any lands are or shall in trust for be vested in any trustee or trustees, in trust or for the benefit of any corporations. corporation, aggregate or sole, hereby empowered to grant leases as aforesaid, in such a manner as that the net income, or three fourth parts at the least of the net income, of such lands is or shall be payable for the exclusive benefit of such corporation, all the powers of this act which, in case such lands had been legally vested in such corporation for the sole and exclusive benefit of such corporation, might have been exercised by such corporation in relation to or affecting the same lands, shall or may be exercised by such corporation in the same or the like manner as the same might have been exercised by such corporation in case the same lands were legally vested in such corporation as aforesaid; but in order to give legal effect to any lease, grant, confirmation, or general deed to be executed in relation to any such lands in pursuance of this act, the trustee or trustees of the land intended to be affected thereby shall be made a party or parties to such lease, grant, confirmation, or general deed, (as the case may be), in addition to the other parties whose concur

rence is hereby declared to be requisite to any such deed, and shall join in the demise, grant, confirmation, or appropriation intended to be thereby made; and the trustee or trustees of any such lands is and are hereby directed and required at all times to execute any deed to which he or they may be made a party or parties, with a view to give legal effect to any such lease, grant, general deed, or confirmation as aforesaid, so soon as the same may be tendered to him or them for execution after the same shall have been duly executed by the corporation beneficially entitled to such lands as aforesaid; and the person or corporation, or several persons or corporations, whose consent is hereby declared to be requisite to the validity of any lease granted by any such corporation, and the fact that any such deed is executed by the other parties whose execution shall be necessary to give effect to the same shall be a sufficient authority for the execution thereof by the trustee or trustees of the same lands, and it shall not at any time afterwards be necessary for such trustee or trustees or for any other person or persons to prove that such deed was executed by such other parties, or any of them, prior to the execution thereof by such trustee or trustees; provided that no trustee shall by virtue of or under this provision be compellable to execute any deed whereby he shall render himself in any way liable, further than by a covenant for quiet enjoyment by any lessee or grantee as against the acts of the trustee executing such deed.

leases and

instruments

open to in

XXIX. And be it enacted, that the part which shall belong to Counterany corporation exercising any of the powers conferred by this act parts of of any lease, grant, or confirmation which shall be granted or made certain other under the authority of this act, and every map, plan, statement, to be depositcertificate, valuation, and report relating thereto, shall, within six ed, and to be calendar months next after the date of such lease, grant, apportioned spection; lease, confirmation, or general deed, (as the case may be), be and office copies to be deposited with the said ecclesiastical commissioners for England, evidence. and shall be for ever thereafter perpetually kept and preserved in the office of the said commissioners, who shall, upon any such deposit being so made, give unto the corporation by or on behalf of whom such deposit shall have been made a certificate of such deposit; and any instruments or documents which may have been deposited as aforesaid shall be produced at all proper and usual hours, at such office, to the corporation to whose lands or estate the same relate, or to the patron of the benefice, or to any person or persons applying to inspect the same on behalf of any such person or corporation as aforesaid; and an office copy of any such instrument or document, certified under the seal of the said commissioners, (and which office copy so certified the said commissioners shall in all cases, upon application in that behalf, give to any corporation or person to whom such liberty of inspection is given as aforesaid), shall in any action against the lessee, and in all other cases, be admitted and allowed in all courts whatsoever as legal evidence of the contents of such instrument or document, and of the due execution thereof, by the parties who on the face of such office copy shall appear to have executed the same, and in the case of any lease, grant, or confirmation, of the due execution by the lessee of the counterpart thereof.