Leases Act 1845

JurisdictionUK Non-devolved
Citation1845 c. 124
Anno Regni VICTORI, Britanniarum Regin,Octavo & Nono. An Act to facilitate the granting of certain Leases.

(8 & 9 Vict.) C A P. CXXIV.

[8th August 1845]

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, Thatwhenever any Party to any Deed made according to the Forms set forth in the First Schedule to this Act, or to any other Deed which shall be expressed to be made in pursuance of this Act, shall employ in such Deed respectively any of the Forms of Words contained in Column I. of the Second Schedule hereto annexed, and distinguished by any Number therein, such Deed shall be taken to have the same Effect and be construed as if such Party had inserted in such Deed the Form of Words contained in Column II. of the same Schedule, and distinguished by the same Number 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.

S-II Deed to include all Houses, &c.

II Deed to include all Houses, &c.

II. That every such Deed, unless any Exception be specially made therein, shall be held and construed to include all Outhouses, 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.

S-III Remuneration for Deed under the Act not to be by Length only.

III Remuneration for Deed under the Act not to be by Length only.

III. That in taxing any Bill for preparing and executing any Deed under this Act it shall be lawful for the Taxing Officer and he is hereby required, in estimating the proper Sum to be charged for such Transaction, to consider, not the Length of such Deed, but only the Skill and Labour employed, and Responsibility incurred, in the Preparation thereof.

S-IV Deed not taking effect by his Act to be valid.

IV Deed not taking effect by his Act to be valid.

IV. That any Deed or Part of a Deed which shall fail to take effect by virtue of this Act shall nevertheless be as valid and effectual, and shall bind the Parties thereto, so far as the Rules of Law and Equity will permit, as if this Act had not been made.

S-V Construction Clause.

V Construction Clause.

V. That in the Construction and for the Purposes of this Act, and 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.

S-VI Schedules, &c. Part of Act.

VI Schedules, &c. Part of Act.

VI. That the Schedules, and the Directions and Forms therein contained, shall be deemed and taken to be Parts of this Act.

S-VII Commencement of Act.

VII Commencement of Act.

VII. That this Act shall commence and take effect from and after the First Day ofOctober.

S-VIII Extent of Act.

VIII Extent of Act.

VIII. That this Act shall not extend toScotland .

Note : this act is listed in the Chronological Table of Statutes as theLeases Act, 1845

SCHEDULES to which this Act refers.

The FIRST SCHEDULE.

This Indenture made the Day of One thousand eight hundred and forty- [or other Year ], in pursuance of an Act to facilitate the granting of certain Leases, between [here insert the Names of the Parties, and Recitals, if any ] witnesseth, that the said [Lessor ] or [Lessors ] doth or do demise unto the said [Lessee ] or [Lessees ], his [or their] Executors, Administrators, and Assigns, all, &c. [Parcels ], from the Day of for the Term of thence ensuing, yielding therefor during the said Term the Rent...

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