« PreviousContinue »
Consent of the
Produce of such Enfranchisements, &c. (hall be invested in Three per Cents, is under 34 G.3. c. 7 5. § 16. and a separate
Certificate (hall he given hy Surveyor Genera! to Purchasers, &c. cn Production whereof, and Pa; raent of the Money, Dank fllall (five Receipts.
Manerial Rights so by them respectively purchased, and shall hold and enjoy the same peaceably and quietly, freed and discharged from all Claims and Demands of His Majesty, His Heirs and Successors, or any Person claiming under him or them, as fully and amply to all Intents and Purposes as His Majesty, His Heirs and Successors, might or could have held or enjoyed the fame if such Sale had not taken place.
XIV. Provided always, and be it further enacted, That no such Contract (Tivill he made unless by special Warrant, to be issued for that Purpose by the Lord High Treasurer or the Commissioners of the Treasury for the Time being, or any Three of them.
XV. And be it further enacted, That the Purchase Money or Consideration to be paid for every such Enfranchisement or Purchase of Manerial Rights, mall from Time to Time be paid into the Bank of England, to the Account of the Lord High Treasurer of England, for the Enfranchisement of Copyholds of Crown Manors, and (hall be laid out in the Purchase of Three Pounds per Centum Consolidated Bank Annuities, in the Name of the Lord High Treasurer, by order of the said Surveyor General (who is for that Purpose hereby authorized to make Drafts on the Bank for the fame) in like Manner as is directed by the said recited Act passed in the Thirty-fourth Year os the Reign of His present Majesty intituled, ytn A3 for the better Management of the Land Revenue of the Crotvn, and for the Sale of Fee Farm and other unimproveable Rents; but nevertheless in such Manner that the Accounts may be kept separate and distinct from the Accounts of the Sales made and Stock purchased in pursuance of the said Act.
XVI. And be it further enacted, That whenever the said Surveyor General (hall have contracted with any Person or Persons, Body or Bodies Politick or Corporate, for the Enfranchisement of any such Tenements or other Hereditaments, or Sale of the Manerial Rights therein, the said Surveyor General (hall grant to the respective Purchaser or Purchasers a Certificate under his Hand, specifying the Premises so agreed to be enfranchised or sold, and the Amount of the Purchase Money to be paid for the same, and which is hereby required to be paid within Thirty Days from the Date of such Certificate, and the Cashiers of the Bank, or One of them, (hail, upon the Production of such Certificate, accept and receive the Purchase Monies therein specified, and at the Foot or on the Back of such Certificate acknowledge the Receipt os the same, without Fee or Reward; which Certificates and Receipts (hall be in the Form of Words following, or as near thereto as may be; (that is to fay)
* By the Surveyor General of His Majesty's Land Revenue: « nPHESE are to certify, That the said Surveyor General hath « A contracted and agreed on Behalf of the King's most Excel« lent Majesty, with of
• for the [Enfranchisement of] or [Sale of the Manerial Rights
• belonging to the Crowu, in and upon] the Copyhold or Custom"
• arv Tenements herein-after mentioned, holden by the said
« in"the County of (that i»
« to fay) All that [here insert the Description of the Premises 9t
'or for the Price or Sum of 'to be paid by the
7 'said 'said into the Bank of England, and carried
'to the Account of the Lord High Treasurer os England for En-
'Witness to the signing by the
1 Britain, being the Consideration Mor
of lawful Money of Great >ney expressed in the above
Which Certificates and Receipts shall not be charged or chargeable with any other Stamp Duty than such as is by Law required for the Receipts for the respective Sums therein expressed to be paid as the Consideration for such Enfranchisements, or for such Manerial Rights; and such Certificates and Receipts shall be good, sufficient, valid and effectual in the Law for conveying andassuring the several Messuages, Tenements, and Hereditaments therein respectively to be comprized, enfranchised, and discharged, and the said Manerial Rights therein specified, unto and to the Use of the several and respective Persons therein to be named, and their Heirs and Assigns for ever.
XVII. And be it further enacted, That all Rules, Regulations, Provisions, Clauses, Matters, and Things contained in the said recited Act of the Thirty-fourth Year of His present Majesty, and in force before the passing of this Act, with respect to the Sales of Fee Farm Rents, and the Certificates and Receipts relating thereto, authorized by that Act, (hall be in force and be applied as far as the fame are applicable, and are not altered by this Act with relation to the Enfranchisement of Copyholds, and Sales of Manerial Rights, and to the Certificates and Receipts concerning the fame, authorized by this Act.
XVIII. 1 And whereas great Uncertainty prevails as to what 48 Geo. III. Q «Stamp
Such Certificate and Receipt (with Receipt Stamp thereon) a sufficient Conveyance.
* Stamp Dujries ought by Law to be imposed upon Contracts for the
* Sale of Fee Farm Rents under an Act made in the Twenty-sixth ■ Year of His presentMajesty, intituled, An A8 for appointing Com'miffioners to Inquire into the State and Condition of the Woods, 'Forejls, and Land Revenues belonging to the Crown, and to fell cr
* alienate Fee Farm and other unimproveable Rents ; and under another
* Act made in the Thirtieth Year of His present Majesty, intituled,
* An Aft to continue and amend an Aft made in the Twenty-sixth Tear 'of the Reign of His present Majesty, intituled, An AcJ for appoint'ing Commissioners to inquire into the State and Condition of the 'Woods, Forejls, and Land Revenues belonging to the Crown, and 'to fell or alienate Fee Farm and other unimproveable Rents, and 'under the said recited Act of the Thirty-fourth Year aforesaid, and 'also upon Leases granted by the Crown under the said recited Act 'of the Thirty-fourth Year aforesaid, to the great Grievance and 'Hardship of Purchasers of such Fee Farm Rents and Lessees of « the Crown respectively;' Be it enacted, That no Contracts made under any of the said recited Acts of the Twenty-sixth, Thirtieth, or Thirty-fourth Years of His present Majesty, for the Sale of Fee Farm Rents, nor any Leases made under the Great Seal or Seal of the Exchequer, of any Lands or other Hereditaments belonging to the Crown, within the ordering and Survey of the Exchequer, since the said recited Act of the Thirty-fourth Year aforesaid, shall be null and void on account of the same respectively not being duly stamped, or the Stamp Duty not having been duly paid thereon respectively, and that no Contract which shall be hereafter made for the Enfranchisement of any Copyhold, or for the Sale os any Manerial Rights under this Act, or the Sale of any Fee Farm Rents or other Hereditaments belonging to the Crown, within the ordering and Survey of the Exchequer aforesaid, nor any Lease or Grant which shall be made pursuant to the Regulations of this Act or of the said Act of the Thirty-fourth Year of His Majesty's Reign, which shall be hereafter made of any Lands or other Hereditaments belonging to the Crown, within the ordering and Survey last aforesaid, shall be subject to any Stamp Duty whatever.
XIX. « And whereas by the faij recited Act of the Thirty
* fourth Year of His present Majesty, it is amongst other Things 'enacted, That it (hall not be lawful to renew any Grant or Lease of 'any Tenements or Hereditaments authorized by the said Act to be
* granted for any Term not exceeding Ninety-nine Years, until within
* Twenty Years of the Period of the Expiration of the fame, except
* in certain Cafes therein specified: And whereas it is expedient that
* a Power of Renewal should be allowed in other Cases not specified
* in the said Exception Be it therefore enacted, That where any House or other Building shall require or shall be intended and agreed to be rebuilt, or any new House or other Building to be erected upon any Land or Ground belonging to the Crown, within the ordering and Survey .aforesaid, held under a Lease from the Crown, upon which other Houles or Buildings included in the fame Lease arc standing, if the Lessee or Grantee shall covenant and agree to build a new House or Building, or to rebuild a House or Building of such Value as to increase the Value of the whole Property included in such Lease, it shall be lawful at any Time or Times hereafter to grant any further or other Lease of all such Land or Ground, with the Houses and Buildings thereupon, as were included in the former Lease, for any Term or Estate (except for Life or Lives) not exceeding the Terms and Estates authorized by the said recited Act of the Thirty-fourth Year aforesaid, to be granted; provided that in evsry such Lease there be reserved and made payable, to His Majesty, His Heirs and Successors, such Rent as is by the snid last mentioned Act or this Act required to be reserved, and that Covenants or Conditions be inserted therein on the Part of the respective Grantees or Lessees for erecting such new Houses or Buildings, or rebuilding such Houses or Buildings, within a reasonable Time, to be in such Case limited and appointed for that Purpose, and that su.-;h respective Improvements (hall be of the requisite Value.
XX. And be it further enacted, That where any new Edifice or Building shall be erected or agreed to be erected on Ground belonging to the Crown, within the ordering aud Survey of the Chancellor and Council of the Duchy of Laneajter, or of the said Surveyor General aforesaid, or held under any Lease from the Crown, for the Enlargement of, and to be united to and occupied with any House or other Building held under any other Lease from the Crown, it (hall be lawful to grant a new Lease or Leases for any Term sot exceeding Ninety-nine Years, as well of the Ground on which such new Edifice or Building mail be erected or agreed to be erected, as of all or any Part of any other Tenements or Hereditaments oontained in such Leases; provided, that the greater Part of the yearly Value of the Tenements and Hereditaments so to be granted shall conlill of the Buildings thereon, or of Ground set apart and appropriated for building, or for necessary Gardens, Yards, Curtilages, or other Appurtenances as aforesaid.
XXI. * And whereas the Restrictions contained in the said recited 'Act of the Thirty-fourth Year of His present Majesty, as it now 'stands, may be found inconvenient in respect to the granting of 'Leases of some Kinds of Property now held under Lease from 'the Crown, and which are of a fluctuating and uncertain Value Be it therefore enacted, That it shall be lawful for the Lords Commissioners of the Treasury to grant and renew Leases of the Profits of Agist1ne.1t of Forests disafforested, the Profits of Præ and Post Fines arising within the Principality of WaLs and County Palatine of Cbejier, those of Light-houses on Beacons, and of Chains for mooring Ships, Tolls, Markets and Fairs, Tythes, Fisheries, Ferries, and other Articles of uncertain Produce, for such Terra of Years not exceeding Thirty-one Years, and for such Fine or Fines, and undei such Rent or ether Reservations and Conditions as they shall from Time to Time think reasonable and expedient.
XXII. « And whereas in the said recited Act of the Thirty'fourth Year of His present Majesty it was enacted and declared,
• That where any Wastes, Commons, or other uninclosed Lands or 'G-oui'.ds within the ordering and Survey aforesaid, in which His
• Maiesty, His Heirs and Successors, has or shall have any Interest, •shall be deemed fit and proper to be divided, inclosed, drained,
• or otherwise improved, and shall be by Authority of Parliament
• or otherwise authunzed and directed to be divided and inclosed, and
• where the Term or Estate in Possession of and in the same re'spectively shall be deemed by the Lord High Treasurer or Com
• Biiiliouets of the Treasury to be iusuiSckut to defray the Costff
Q a * Sw4
• and Charges of such Works and Improvements with reasonable
• Prosit and Advantage to the Parties making or causing the fame to
• be made, or to their Representatives or Assigns, in all and every
• such Case and Cases it shall be lawful to renew any such Lease, or
• to grant any further or other Lease of any such Lands or Grounds,
• or any Part thereof, for anv Term or Estate not exceeding the
• Terms or Estates authorized to be granted of Lands, Tenements, 'or Hereditaments of such pr the like Descriptions, by the Act
• of the First Year of Queen Anne therein mentioned, or by the
• said recited Act of the Thirty-fourth Year of Hi9 present Ma
• jesty aforesaid: And whereas it is expedient that such Power of 'Renewal should be extended to any other Lands comprised in the 'same Lease with such Wastes or other uniuclosed Lands;' be it therefore further enacted, That whenever any Lease shall be renewed under the said recited Provision, with respect to any such Wastes, Commons, or other unincloied Lands or Grounds, it sliall be lawful to renew the same in like Manner and upon the same Terms with respect to any other Lands or Grounds comprized in the fame Lease, with inch Wastes, Commons, or uniuclosed Lands or Grounds.
XXIII. « And whereas by the said recited Act of the Thirty'fourth Year aforesaid, certain Rules are laid down for the Reserva
• tion of Rent, in Cases where there are substantial Buildings upon
• Ground to be demised, or the Buildings thereupon shall not require
• or be intended or agreed to be rebuilt, and also in Cases where 'there are no substantial Buildings upon the Grounds to be demised,
• or the Buildings thereupon require, or shall be intended and agreed
• to be rebuilt, or other new Buildings erected upon such Land or
• Ground; hut no Rule is laid down for Cafes where upon the
• Ground to be demised there is some substantial Building not rc
• quired or intended or agreed to be rebuilt, and either some other 'Building required or intended or agreed to be rebuilt, or some new
• Building is proposed to be erected thereon;' be it therefore enacted, That in all Cases where upon the Ground to be demised there is some substantial Building not required or intended or agreed to be rebuilt, and either some other Building thereon requiring or intended or agreed to be rebuilt, or some new Building is intended or agreed to be erected thereon, it shall be lawful for the Lord High Treasurer or Commissioners of the Treasury to direct what Rent (hall be reserved and paid annually, and whether any and what Fine shall be taken upon such Demise, Regard being had to the Value of the Buildings on the Ground to be demised not intended to be rebuilt, and the Proportion it bears to the Value of the whole Property intended to be demised.
XXIV. Provided always, and be it further enacted, That it sliall be lawful for the Lord High Treasurer or Commissioners of the Treasury, when they shall be of Opinion that the Solidity and Value of any old House or Houses to be demised not required or intended to be rebuilt, is such as to be sufficient Security for the due Payment of the whole Annual Sum deemed bv them to be a reasonable Consideration for such Building or Buildings and Ground held therewith respectively, for the Term and Estate to be granted by and in the same, to direct that the Whole of such Consideration sliall be reserved and taken in Rent only, without taking any Fine for the lame.
4 XXV. «A"d