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the validity of any lease granted by such incumbent; and the fact that any such lease is executed by the said other parties shall be a sufficient authority for the execution thereof by the trustee or trustees of the same premises, 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 lease whereby he shall render himself in any way liable, further than by a covenant for quiet enjoyment by any lessee against the acts of the trustee exe
cuting such deed. Incumbent's XIV. And be it enacted, that the part of every lease granted part of all
under this act which shall belong to any incumbent, or, in case there instruments, and all maps, shall not be more than one part of any such lease, an attested copy Seosbild bin thereof, and every surrender to be made under this act, together the bishop's with the writing by which a surveyor shall have been appointed as except as to aforesaid, and the map or plan or copy of or extract from a map or peculiars plan, (as the case may be), certificate, valuation, and report hereinbelonging to bishops. before directed to be made before the granting of such lease, shall,
within six calendar months next after the date of such lease, be deposited in the office of one of the registrars of the diocese wherein such benefice shall be locally situated, to be perpetually kept and preserved therein, except where the benefice shall be under the peculiar jurisdiction of any archbishop or bishop, in which case the several documents before mentioned shall be deposited in the office of the registrar of the peculiar jurisdiction to which such benefice shall be subject; and such registrars respectively, or their respective
deputies, shall, upon any such deposit being so made, sign and give Deposited unto the incumbent a certificate of such deposit; and such lease or documents to be produced
attested copy and other documents so to be deposited shall be proto incumbent duced, at all proper and usual hours, at such registry, to the incumor patron on application;
bent of the benefice for the time being, or to the patron of such
benefice for the time being, or to any person on their or either of and office their behalf, applying to inspect the same; and an office copy thereof, which are to respectively certified under the hand of the registrar or his deputy, be admitted (and which office copy, so certified, the registrar or his deputy shall of such iu- in all cases, upon application in that behalf, give to the incumbent struments in for the time being of such benefice), 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 lease, or of any such other document, and of the due execution of the counterpart of such lease by the lessee if there shall be any counterpart, and of the due execution of the lease and of every such other document by the
parties who on the face of such office copy shall appear to have Charges executed the same; and every such registrar shall be entitled to the registrar is sum of five shillings, and no more, for so depositing as aforesaid the entitled to documents hereinbefore directed to be deposited, and for certifying
the deposit thereof, and the sum of one shilling, and no more, for each search and inspection, and the sum of sixpence, and no more, over and besides the stamp duty (if any), for each folio of seventytwo words of each office copy so certified as aforesaid.
XV. And be it enacted, that in the construction and for the pur- Interpretaposes of this act the several following words shall have the meanings
tion of act. hereinafter assigned to them respectively (unless there shall be something in the subject or context repugnant to such construction) (that is to say), The word “Person ” shall be construed to include the queen's
majesty, and any corporation, aggregate or sole, as well as
private individual: The word “ Lands” shall be construed to include lands of any
tenure: The word “Benefice" shall be construed to comprehend every
rectory, vicarage, perpetual curacy, donative, endowed public chapel, parochial chapelry, and district chapelry, the incumbent of which in right thereof shall be a corporation sole: And every word importing the singular number shall extend and
be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as to
several persons or things : And every word importing the masculine gender only shall extend
and be applied to a female as well as a male. XVI. And be it enacted, that this act shall extend only to that part To what of the united kingdom called England and Wales, and to the Isle of the act shall Man, and to the islands of Guernsey, Jersey, Alderney, and Sark. XVII. And be it enacted, that this act may be amended or re- Act may be
c. pealed by any act to be passed in this present session of parliament. this session.
5 & 6 VICTORIA, CAP. 108.—An act for enabling ecclesiastical corporations, aggregate and sole, to grant leases for long terms of years.See Title _“ ECCLESIASTICAL CORPORATIONS," vol. ii. p. 643.
8 & 9 VICTORIA, CAP. 124.- An act to facilitate the granting of certain leases.—Whereas it is expedient to facilitate the leasing of lands and tenements : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that whenever any party to any Where the deed made according to the forms set forth in the first schedule to words of this act or to any other deed which shall be expressed to be made the second in pursuance of this act, shall employ in such deed respectively any employed, of the forms of words contained in column I. of the second schedule the deed to hereto annexed, and distinguished by any number therein, such deed same effect shall be taken to have the same effect and be construed as if such as if words party had inserted in such deed the form of words contained in col- were insertumn II. of the same schedule, and distinguished by the same number ed. as is annexed to the form of words employed by such party; but it shall not be necessary in any such deed to insert any such number.
II. That every such deed, unless any exception be specially Deed to inmade therein, shall be held and construed to include all outhouses, houses, &c. buildings, barns, stables, yards, gardens, cellars, ancient and other lights
, paths, passages, ways, waters, watercourses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the lands and tenements therein comprised belonging or in anywise appertaining.
Remuneration for deed
to take effect
III. That in taxing any bill for preparing and executing any deed under the act under this act it shall be lawful for the taxing officer and he is not to be by hereby required, in estimating the proper sum to be charged for length only. such transaction, to consider, not the length of such deed, but only
the skill and labour employed, and responsibility incurred, in the
preparation thereof. Deed failing IV. That any deed or part of a deed which shall fail to take effect by this act by virtue of this act shall nevertheless be as valid and effectual, and to be valid. shall bind the parties thereto, so far as the rules of law and equity
will permit, as if this act had not been made. Construction V. That in the construction and for the purposes of this act, and clause.
the schedules hereto annexed, unless there be something in the subject or context repugnant to such construction, the word “ Lands” shall extend to all tenements and hereditaments of freehold tenure, and to such customary lands as will pass by deed, or deed and surrender, and not by surrender alone, or any undivided part or share therein respectively; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing, and the converse, and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and the word “ Party” shall mean and include any body politic or corporate or collegiate as well as an
individual. Schedules, VI. That the schedules, and the directions and forms therein &c. part of
contained, shall be deemed and taken to be parts of this act. Commence- VII. That this act shall commence and take effect from and after ment of act. the first day of October. Extent of act VIII. That this act shall not extend to Scotland.
Schedules to which this Act refers.
The FIRST SCHEDULE.
[or other year];
thence ensuing, yielding therefor during the said term the rent of [state the rent and mode of payment.]
In witness whereof the said parties hereto have hereunto set their hands and seals. The SECOND SCHEDULE.—Directions as to the Forms in this
Schedule. 1. Parties who use any of the forms in the first column of this schedule
substitute for the words “Lessee" or “ Lessor any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
2. Such parties may substitute the feminine gender for the mascu
line, or the plural number for the singular, in the forms in the first column of this schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second
column. 3. Such parties may fill up the blank spaces left in the forms 4.
and 5. in the first column of this schedule so employed by them, with any words or figures, and the words or figures so introduced shall be taken to be inserted in the corresponding
blank spaces left in the forms embodied. 4. Such parties may introduce into or annex to any of the forms in
the first column any express exceptions from or express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding
forms in the second column. 5. Where the premises demised shall be of freehold tenure the
covenants 1. to 10. shall be taken to be made with and the proviso 11. to apply to the heirs and assigns of the lessor, and where the premises demised shall be of leasehold tenure the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators, and assigns.
1. That the said.(lessee) covenants with the said (lessor] to pay rent.
2. and to pay taxes ;
1. And the said lessee doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessor, that he the said lessee, his executors, administrators, and assigns, will during the said term pay unto the said lessor the rent hereby reserved, in manner hereinbefore mentioned, without any deduction whatsoever.
2. And also will pay all taxes, rates, duties, and assessments whatsoever, whether parochial, parliamentary, or otherwise, now charged or hereafter to be charged upon the said demised premises, or upon the said lessor, on account thereof (excepting land tax, and excepting, in Ireland, tithe rent-charge and such portion of the poor rate as the lessor is or may be liable to pay, and excepting also all taxes, rates, duties, and assessments whatsoever, or any portion thereof, which the lessee is or may be by law exempted from.)
3. And also will during the said term well and sufficiently repair, maintain, pave, empty, cleanse, amend, and keep the said demised premises, with the appurtenances, in good and substantial repair, together with all chimney pieces, windows, doors, fastenings, water closets, cisterns, partitions, fixed presses, shelves, pipes, pumps, pales, rails, locks, and keys, and all other fixtures and things which at any time during the said term shall be erected and made, when, where, and so often as need shall be.
3. and to repair ;
4. and to paint outside every year ;
5. and to paint and paper inside every
6, and to insure from fire in the joint names of the said (lessor] and the said (lessce] ;
to show receipts;
and to rebuild in case of fire.
4. And also that the said lessee, his executors, administrators, and assigns, will in every
year in the said term paint all the outside wood-work and iron-work belonging to the said premises, with two coats of proper oil colours, in a workmanlike manner.
5. And also that the said (lessee), his executors, administrators, and assigns, will in every
year paint the inside wood, iron, and other works now or usually painted with two coats of proper oil colours in a workmanlike manner; and also re-paper with paper of a quality as at present, such parts of the premises as are now papered ; and also wash, stop, whiten, or colour such parts of the said premises as are now plastered.
6. And also that the said lessee, his executors, administrators, and assigns, will forthwith insure the said premises hereby demised to the full value thereof, in some respectable insurance office, in the joint names of the said lessor, his executors, administrators, and assigns, and the said lessee, his executors, administrators, or assigns, and keep the same so insured during the said term ; and will, upon the request of the said lessor, or his agent, show the receipt for the last premium paid for such insurance for every current year; and as often as the said premises hereby demised shall be burnt down or damaged by fire, all and every the sums or sum of money which shall be recovered or received by the said [lessce), his executors, administrators, or assigns, for or in respect of such insurance, shall be laid out and expended by him in building or repairing the said demised premises, or such parts thereof as shall be burnt down or damaged by fire as aforesaid.
7. And it is hereby agreed, that it shall be lawful for the said lessor, and his agents, at all seasonable times during the said term, to enter the said demised premises to take a schedule of the fixtures and things made and erected thereupon, and to examine the condition of the said premises ; and further, that all wants of reparation which upon such views shall be found, and for the amendment of which notice in writing shall be left at the premises, the said lessee, his executors, administrators, and assigns, will within three calendar months next after every - uch notice, well and sufficiently repair and make good accordingly.
8. And also that the said lessee, his executors, administrators, and assigns, will not convert, use, or occupy the said premises or any part thereof into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose, or otherwise than as a private dwelling house, without the consent in writing of the said lessor.
7. And that the said (lessor] may enter and view state of repair, and that the said (lessee] will repair according to notice.
8. That the said [lessee) will not use premises as a shop.