Private Act Estates (exchanging).
The First SCHEDULE to which this Act refers, containing a Particular of the Estates of B.
The Second SCHEDULE to which this Act refers, containing a
A Bill or Private Act to enable a Tenant for Life or other person to grant Leases (1), common, building, or mining (2).
1. The Notice, and Petition for leave to bring in the Bill (3).
An Act to enable Parish of
other purposes.
to grant Leases of Estates in the , and for
WHEREAS, &c. [recite the title of the petitioner] And whereas it would be greatly for the advantage of the said and other persons for the time being interested in the said estates, that powers should be granted to them respectively, when entitled to the first es- tate of freehold or inheritance in possession in the same heredita- ments, or any part or share thereof, to demise and lease, and to en- ter into contracts or agreements for demising and leasing the said hereditaments, or settled parts thereof, for terms of years not exceed- ing the term of years, [or for long leases on building, or repair- ing, or improving leases,] (as the case may require) in such manner and on such terms, and under and subject to such regulations as may be deemed expedient, and as Parliament may in its wisdom think fit:
PARLIAMENTA
RY FORMS.
Private Act Estates (leasing freeholds).
(1) See ante, " PRACTICAL DIRECTIONS", Chap. II. sec. v.
(2) If mining leases are required, see variation post. Rider A. (p. Mining. 303).
(3) See "PRACTICAL DIRECTIONS", ubi sup. and ante, p. 283.
Private Act Estates
(leasing free- holds).
Power to make
contracts for granting leases for terms not exceeding years.
but inasmuch as such leases and contracts for leases cannot be made or granted without the aid and authority of Parliament; therefore your Majesty's most dutiful and loyal subject, the said
on behalf of himself, [and also (if so) as guardian of his son the said and all other his said infant children,] doth humbly beseech your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and con- sent of the Lords Spiritual and Temporal, and Commons, in this pre- sent Parliament assembled, and by the authority of the same, that from and after the passing of this act, it shall and may be lawful for the said , and other the person or persons (other than and ex- cept (if so) the said (eldest son), and his first and other son and sons, and the heirs male of the body and bodies of such son and sons,) who for the time being shall be seised of or entitled to the first es- tate of freehold or of inheritance in possession of and in the entirety, or any moiety, part, or share of the hereditaments comprised or men- tioned, described or referred to in the said indentures of, &c.; and which are specified or described in the schedule to this act, if such person or persons should be of the age of years, and whether such person or persons, being a female or females, shall or shall not be under coverture, and notwithstanding any such coverture, and if not of the full age of said (trustees), or the survivor of them, his executors or administra- tors, to contract and agree to lease, and afterwards to lease the en- tirety or moiety, or other parts or shares in which he, she, or they shall have the first estate of freehold or of inheritance in possession, of all or any part or parts of the hereditaments comprised or men- tioned, described or referred to in the said indentures of, &c., and which are specified or described in the schedule to this act; or to join and concur with the person or persons for the time being entitled or empowered to grant leases of the other undivided moiety or half part or other share or shares of the same hereditaments, in contract- ing and agreeing to lease, or in leasing, the entirety of all or any of the said hereditaments, or the settled parts or shares thereof, and either with or without any buildings erected or standing thereon, and for any term or number of years not exceeding
years, then to and for the
years from the date of every such contract or agreement or lease, and to take effect in possession, and not in remainder or reversion or by way of future interest, to any person or persons willing to take the said hereditaments or moiety, parts or shares respectively, either for the purpose of repairing, rebuilding, or substantially improving any houses or other buildings which are or shall be erected on the same,
hereditaments or any part thereof, or of erecting any new houses or buildings in or upon the same hereditaments or any part thereof, and of making proper and suitable yards, areas, and gardens, or other conveniences, to all or any part or parts of the aforesaid heredita- ments, or to his, her, or their executors, administrators, or assigns, or nominee or nominees, and either with or without liberty for the lessee or lessees, his, her, or their executors, administrators, or as- signs, to pull or take down any building or buildings for the time being thereon, or on any part thereof, and to convert and dispose of all or any of the materials thereof to such uses and purposes as may be agreed on in that behalf; and also to dig and excavate any earth, clay, or sand, upon or out of any convenient part or parts of the said hereditaments hereby authorized to be leased, or agreed to be leased (and whether leased or not leased, or agreed or not agreed to be leased to him, her, or them), and to manufacture the same into bricks or tiles, to be used and expended in or on such new buildings, repairs, or improvements as aforesaid, and at and under the best yearly rent or rents, to commence and take effect either from the date of every such lease, contract, or agreement respectively, or at the end, or within the term of years, to be computed from the date of such lease, contract, or agreement respectively, or by progressive propor- tions at any time or times within the said years, that can be
reasonably had or gotten at the time of making such lease, contract, or agreement for the hereditaments, or moiety or other parts or shares of hereditaments to be therein comprised, and without taking any sum of money or other thing by way of fine, premium, or fore- gift, for or in respect of the same lease, contract or agreement (ex- cept as is hereinafter provided); and the lands and grounds, moiety, parts and shares comprised in any contract or agreement, may be leased in such parts and parcels, and under and subject to such parts and proportions of the yearly rent or rents to be specified in such contract or agreement, as shall be thought proper and convenient, but so that the yearly rent to be reserved upon any one such lease do not exceed part of the clear yearly rack-rent or value of the lands and buildings, or moiety, parts and shares to be thereby demised, reckoning such rack-rent or annual value upon the said lands and buildings, or moiety, parts and shares demised or leased by virtue of this power, when the said buildings built or to be built thereon, or repaired, shall be completely finished or repaired; and so as no one rent shall be less than the sum of pounds a year,
except in those cases in which a pepper-corn rent may be reserved, as hereinafter expressed: provided always, that if the yearly rent or
Private Act Estates
(leasing free- holds).
Private Act Estates
(leasing free- holds).
Power to grant leases for terms not exceeding
years with. out any pre
vious contract.
rents to be reserved upon the lease or leases to be granted of any part or parts only of the hereditaments, or moiety, parts or shares comprised in and agreed to be let by any one such contract or agreement as aforesaid, should amount to or make up the full and clear yearly rent or sum in such contract or agreement stipulated to be paid for all the hereditaments, moiety, parts or shares comprised in the same contract or agreement, then and in every such case the remainder of the hereditaments, moiety, parts or shares comprised in the same contract, or any part or parts thereof, shall or may from time to time be demised and leased, together with the buildings thereon erected, at the yearly rent of a pepper-corn only: provided always, that every such contract or agreement as aforesaid shall be in writing, and that in every such contract or agreement there shall be inserted a clause or condition of re-entry into such part or parts of the lands, moiety, parts and shares, in such contract or agreement comprised and agreed to be let, and not actually leased at the time of re-entry, as shall not be built upon, or the buildings whereon shall not be repaired or improved respectively in the manner stipulated in the same contract or agreement, and within a reasonable time to be therein appointed for that purpose.
And be it further enacted, That from and after the passing of this act, it also shall and may be lawful for the said and other the person or persons (except as aforesaid) who for the time being shall be seised of or entitled to the first estate of freehold or of inheritance in possession of and in the entirety, or any moiety, part or share of the hereditaments comprised or mentioned, described or referred to in the aforesaid several indentures respectively, or any or either of them, and specified or described in the said schedule to this act, if such person or persons should be of the age of years, and whether such person or persons, being a female or females, shall or shall not be under coverture, and notwithstanding any such coverture, and if not of the full age of years, then to and for the said (trustees) or the survivor of them, his executors or administrators, to demise and lease the entirety or moiety, or other parts or shares in which he, she, or they shall have the first estate of freehold or of inheritance in possession, of all or any part or parts of the hereditaments comprised or mentioned, described or referred to in the same indentures respectively, or any or either of them, and which are specified or described in the said schedule to this act (although no contract or contracts for making any such demise or lease as aforesaid may have previously been entered into), or to join and concur with the person
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