Ecclesiastical Leasing Act 1842

JurisdictionUK Non-devolved
Citation1842 c. 108
Anno Regni VICTORI, Britanniarum Regin,Quinto & Sexto. An Act for enabling Ecclesiastical Corporations, aggregate and sole, to grant Leases for long Terms of Years.

(5 & 6 Vict.) C A P. CVIII.

[12th August 1842]

'WHEREAS it would be advantageous to the Estates of Ecclesiastical Corporations, aggregate and sole, and for the Interests of the Church, if such Corporations were empowered to grant Leases for long Terms of Years, under proper Reservations and Restrictions:' May it therefore please Your Majesty that it may be enacted; and 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 it shall be lawful for any Ecclesiastical Corporation, aggregate or sole, except any College or Corporation of Vicars Choral, Priest Vicars, Senior Vicars, Custos and Vicars, or Minor Canons, and except also any Ecclesiastical Hospital, or the Master thereof, from Time to Time after the passing of this Act, with such Consent and under such Restrictions as are herein-after mentioned, by any Deed duly executed, to lease all or any Part of the Lands or Houses of or belonging to such Corporation in his or their Corporate Capacity (except as herein-after is mentioned), and whether such Lands or Houses may or may not have been previously leased under the Provisions of this Act, for any Term or Number of Years not exceeding Ninety-nine Years, to take effect in Possession, and not in Reversion or by way of future Interest, to any Person who may be willing to improve or repair the present or any future Houses thereon, or any of them, or to erect other Houses instead thereof, or to erect any Houses or other Buildings on any Lands whereon no Building shall be standing, or who shall be willing to annex any Part of the same Lands to Buildings erected or to be erected on the said Lands or any Part thereof, or otherwise to improve the said Premises or any Part thereof; and with or without Liberty for the Lessee to take down any Buildings which way be upon the Lands in such Leases respectively to be comprised, and to dispose of the Materials thereof to such Uses and Purposes as shall be agreed upon; and with or without Liberty for the Lessee to set out and allot any Part of the respective Premises to be comprised in any such Lease as and for Ways, Passages, Sewers, Drains, Wells, Reservoirs, Yards, or otherwise, for the Use and Convenience of the respective Lessees, Tenants, or Occupiers of the Premises, or for the general Improvement of the Premises; and also with or without Liberty for the Lessee to dig, take, and carry away and dispose of such Earth, Clay, Sand, Loam, or Gravel as it shall be found convenient to remove for effecting any of the Purposes aforesaid; so as there be reserved by every such Lease the best yearly Rent that can be reasonably obtained for the Premises therein comprised, payable half-yearly or oftener; and so as every such Lease be made without taking any Fine, Premium, or Foregift, or any thing in the Nature thereof, for or in respect of the making the same; and so as in every such Lease made for the Purpose of having Buildings erected there shall be contained a Covenant on the Part of the Lessee to build, complete, and finish the Houses which may be agreed to be erected on the Premises, if not then already done, within a Time or Times to be specified for that Purpose, and to keep in repair during the Term such Houses; and so as in every such Lease made for the Purpose of having Buildings repaired or rebuilt there shall be contained a Covenant on the Part of the Lessee or Lessees substantially to rebuild or repair the same within a Time or Times to be specified for that Purpose, and to keep in repair during the Term the Houses agreed to be rebuilt and repaired; and so as in every such Lease, whether for the Purpose of having Buildings erected or otherwise, there be contained on the Part of the Lessee a Covenant for the due Payment of the Rent to be thereby reserved, and of all Taxes, Charges, Rates, Assessments, and Impositions whatsoever affecting the same Premises, and also a Covenant for keeping the Houses erected and to be erected on the Premises to be therein comprised (except any Works or Manufactories which may not be insurable) insured from Damage by Fire, to the Amount of Four Fifths at least of the Value thereof, in some or one of the public Offices of Insurance inLondon, Westminster, Norwick, Bristol, Exeter, Newcastle on Tyne, York , or Liverpool , or of the Kent Fire Insurance Company, (the particular Office of Insurance being named in the Lease,) and to lay out the Money to be received by virtue of such Insurance, and also all such other Sums as shall be necessary, in rebuilding, repairing, and reinstating such Houses as shall be destroyed or damaged by Fire, and also to surrender the Possession of and leave in repair the Houses erected and to be erected or rebuilt or repaired on the Premises therein comprised on the Expiration or other sooner Determination of the Term to be thereby granted, and within Twenty-one Days after any Assignment of such Lease shall be made to deliver a Copy of such Assignment to the Lessor or Reversioner for the Time being; and so as in every such Lease there be contained a Power for the Lessor or Reversioner for the Time being, and his or their Surveyors and Agents, to enter upon the Premises, and inspect the Condition thereof, and also a Proviso or Condition of Re-entry for Nonpayment of the Rent or Rents to be thereby reserved, or for Nonperformance of any of the Covenants, Provisoes, and Conditions to be therein contained, on the Part of the Lessee, his Executors, Administrators, or Assigns, and with or without a Proviso that no Breach of any of the Covenants, Provisoes, and Conditions to be therein contained (except the Covenant for Payment of the Rent, and other such Covenants, Provisoes, or Conditions, if any, as may be agreed between the Parties to be so excepted,) shall occasion any Forfeiture of such Lease, or of the Term thereby granted, or give any Right of Re-entry, unless or until Judgment shall have been obtained in an Action for such Breach of Covenant, nor unless the Damages and Costs to be recovered in such Action shall have remained unpaid for the Space of Three Calendar Months after Judgment shall have been obtained in such Action; and every such Lease may also contain any other Covenants, Provisoes, Conditions, Agreements, and Restrictions which shall appear reasonable to the Lessor for the Time being, and the Person or Persons whose Consent is hereby declared to be essential to the Validity of such Lease, and particularly any Provision for apportioning the Rent to be reserved by any Lease made under this Power, and for exonerating any Part of the Lands or Houses to be comprised in any such Lease from the Payment of any specified Portion of the whole Rent to be thereby reserved; and so that the respective Lessees execute Counterparts of their respective Leases.

S-II Power to reserve increased Rent.

II Power to reserve increased Rent.

II. And be it enacted, That on every or any Building or Repairing Lease to be granted under the Authority of this Act it shall be lawful for the Corporation granting such Lease to reserve a small Rent, during the Six first Years of the Term thereby created, or during any of such Six first Years to be specified in that Behalf in such Lease, and to reserve, in addition to the Rent to be so reserved, an increased Rent or increased Rents, to become payable after the Expiration of such Six first Years, or after any of such Six Years to be specified in that Behalf in such Lease (as the Case may be), or otherwise to make any such increased Rent or Rents first payable at any Time not exceeding Six Years after the Commencement of the Term created by such Lease when a stipulated Progress shall have been made in the Buildings, Rebuildings, or Reparations in respect of the Erection, Construction, or Reparation of which the same Lease shall have been granted.

S-III Land may be appropriated for Streets, Yards, &c.

III Land may be appropriated for Streets, Yards, &c.

III. And be it enacted, That it shall be lawful for any Corporation hereby empowered to grant Leases as aforesaid, with such 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 lay out and appropriate any Part or Parts of the Lands and Grounds which such Corporation shall be empowered or authorized to lease on Building or Repairing Leases, under the Provisions of this Act, as and for a Way or Ways, Yard or Yards, Garden or Gardens, to the Buildings erected or to be erected on any of the same Lands or Grounds, or on any of the adjoining Lands or Grounds so to be leased as aforesaid, or for Yards or Places necessary or convenient for carrying on any Manufacture or Trade, and also to appropriate any Part of the same Lands and Grounds as and for Ways, Streets, Squares, Avenues, Passages, Sewers, or otherwise for the general Improvement of the Estate, and the Accommodation of the Lessees, Tenants, and Occupiers thereof, in such Manner as shall be mentioned and agreed upon in any Lease to be granted as aforesaid, or in any general Deed to be executed for that Purpose (such general Deed, if any, to be duly executed by the Corporation hereby authorized to make such Deed, and to be made with such Consent as last aforesaid, and to be enrolled in one of Her Majesty's Courts of Record atWestminster within Six Calendar Months from the Date of such Deed), and also by such Lease or general Deed to give such Privileges and other Easements as the Corporation herein-before authorized to grant such Lease or make such Deed shall, with such Consent as...

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