10 G. 4. c. 50. SCHEDULE (A.) No. 2. Minute of Resolution of a Board of Directors of incorporated or associated commercial or trading Company, authorizing a Declaration of Insolvency. A Resolution was duly passed on the Day of [Common Seal of the Company, or, if the Company Witness СА Р. ХСІХ. An Act to amend an Act of the Tenth Year of His late Majesty King George the Fourth, for consolidating and amending the Laws relating to the Management and Improvement of His Majesty's Woods, Forests, Parks, and Chases; and for other Purposes relating to the said [4th August 1845.] Land Revenue. WHEREAS by an Act passed in the Tenth Year of the Reign of His Majesty King George the Fourth, intituled 'An Act to consolidate and amend the Laws relating to the "Management and Improvement of His Majesty's Woods, Forests, Parks, and Chases, of the Land Revenue of the Crown within the Survey of the Exchequer in England, and of the Land Revenue of the Crown in Ireland; and for extending certain 'Provisions relating to the same to the Isles of Man and Alderney, it was (amongst other things) enacted, that it should be lawful for the Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues, as therein is ' mentioned, from Time to Time to demise and lease, or to enter into any Contract or Agreement for demising and leasing, any " Part or Parts of the Possessions and Land Revenues of the 'Crown to which the now-reciting Act related, to any Person or Persons, or Body or Bodies Politic, Corporate, or Collegiate, for any Term not exceeding Ninety-nine Years from the Time of making such Lease or Agreement; (that is to say,) amongst "other Hereditaments, of Land or Ground proper for the Erection of any Houses or other Buildings thereupon, with or without Gardens, Yards, Curtilages, and other Appurtenances to be used 'therewith, and where the Lessee or intended Lessee should covenant or agree to erect a Building or Buildings thereon of greater 6 greater yearly Value than such Land or Ground; and it was further enacted, that in every Lease to be granted under the 'Power therein-before given there should be reserved and made payable, during the whole of the Term thereby granted, such 'clear yearly Rent as to the said Commissioners for the Time 'being of His Majesty's Woods, Forests, and Land Revenues 'should appear a reasonable Rent or Consideration for such Lease, ' without taking any Fine for the same, except as therein-before ' mentioned; and it was further enacted, that in any Lease to be granted, under any of the Powers therein-before given, of any 'Land or Ground, Tenements, or Hereditaments, where, at the Time of granting such Lease, (or, if such Lease should be granted in pursuance of a previous Agreement, at the Time when such Agreement should have been made,) there should not be any substantial Building or Buildings upon the Land or 'Ground to be demised, and the Lessee or Lessees should agree 'to erect on such Land or Ground any Building or Buildings of greater yearly Value than the Land or Ground demised or agreed to be demised, it should be lawful to reserve, during any 'Period not exceeding the first Three Years of the Term thereby granted, a nominal Rent or such other Rent only as to the said Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues should seem fit; and it was also further enacted, that before the making or entering into any Agreement for making any Lease by the said Commissioners of His Majesty's Woods, Forests, and Land Revenues, under the 'Powers therein-before contained, a Survey of the Part or Parts ' of the Possessions and Land Revenues of the Crown proposed to 'be leased, where the same should be capable of such Survey, and an Estimate of the Value thereof, should be taken and made as ' in the said Act is mentioned: And whereas by an Act passed in 'the Second Year of the Reign of His late Majesty King Wil 6 liam the Fourth, intituled An Act for uniting the Office of 2&3 W. 4. c. 1. Surveyor General of His Majesty's Works and Public Buildings with the Office of the Commissioners of His Majesty's Woods, 'Forests, and Land Revenues, and for other Purposes relating 'to the Land Revenues, it was enacted, that the Persons to be appointed as therein mentioned, and their Successors, should be called "The Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings," and that all Acts of 'Parliament, Deeds, Bonds, Contracts, Agreements, and other 'Instruments in which the Commissioners of His Majesty's Woods, Forests, and Land Revenues, or the Surveyor General of His Majesty's Works and Public Buildings, were named or mentioned, should apply to the Commissioners for the Time being of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, so to be appointed as therein mentioned, as if such last⚫ mentioned Commissioners had been originally named and made Parties to such Acts of Parliament, Deeds, Bonds, Contracts, Agreements, and other Instruments, instead of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, and the Surveyor General of His Majesty's Works and Public Buildings: And whereas an Act was passed in the Third and Fourth Year of the Reign of His late Majesty King William 6 the 3&4 W.4. c.69. of the Sea or navigable Rivers 'the Fourth, intituled An Act to extend and enlarge the Powers of the Commissioners of His Majesty's Woods, Forests, Land 'Revenues, Works, and Buildings in relation to the Management ' and Disposition of the Land Revenue of the Crown in Scotland: And whereas it is expedient that the said Powers of leasing 'contained in the said recited Acts should be altered and extended:' 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, Commissioners and by the Authority of the same, That from and after the passing of Woods, &c. of this Act, in the Execution of the Powers of leasing or agreeing may demise or to lease in the said recited Acts contained of any Land or Ground lease any Portion of the Shore by the said Acts authorized to be leased for any Term not exceed ing Ninety-nine Years, it shall be lawful for the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and or Lands derelict Buildings, for the Time being, to demise and lease, or to enter into any Contract or Agreement for demising and leasing, all the Estate, Right, Title, and Interest of Her Majesty, Her Heirs and Successors, in right of Her Crown, of and in any Portions of the Shore of the Sea or any Arms thereof, or of navigable Rivers or Lands, derelict or gained, or which may hereafter become derelict or be gained, from the Sea or any Arms thereof, or navigable Rivers, as by the said recited Acts is provided with regard to Land or Ground thereby authorized to be leased for any Term not exceeding Ninety-nine Years as aforesaid, except that when the Lessee or Lessees shall covenant and agree to make any Embankments, or do other Acts, in the Opinion of the said Commissioners necessary or expedient for the reclaiming any such Land, or to construct or erect Wharfs, Docks, or other Works thereon, or on any Part thereof, to the Satisfaction of the said Commissioners and for the permanent Improvement of the Value of the said Land, it shall not be necessary that such Lessee or Lessees should agree or enter into any Contract to erect on such Land, or any Part thereof, any Building or Buildings, other than and except as aforesaid. the Sea for 99 Years, where Lessee shall covenant to embank or to con struct Docks, &c. thereon. When any Persons have erected Buildings on Crown Lands in ignorance of Title of the Crown, Com missioners to grant such Leases as by recited Acts is provided. Leases heretofore granted of Ground intended to be applied II. And be it enacted, That when any Leases shall be granted or Agreements entered into after the passing of this Act, in pursuance of the Powers in the said recited Acts or this Act contained, of any Land or Ground, and whereon or on any Part whereof any Person or Persons to whom any such Leases may be granted, or with whom any such Agreements may be entered into, may have erected any Buildings which in the Opinion of the said Commissioners were erected in ignorance of the Crown's Title to such Land, then such Leases may be granted or Agreements entered into in all respects as by the said recited Acts is provided, but without reference to or taking into consideration the Value of the Buildings so erected, and with reference only to the Value of the Land for Building Ground, either at the Time of the Erection of such Buildings, or at the Time of granting the said Lease, or of entering into the said Agreement, Commissioners may think fit. as the said III. And whereas, in the Execution of the Powers of granting 'to ferent Portions 'to be applied for Building Purposes; and by reason that the for Building 'ultimate Value could only be ascertained and realized after a Purposes, re'long Period, instead of one uniform Rent having been reserved serving different in respect thereof during the whole Term of the Lease so granted Rents for difas aforesaid, different Rents for different Portions of the Term of the Term, 'for which such Leases were granted have been reserved there- instead of one fore, as being the most beneficial Mode of disposing of such uniform Rent, 'Ground for Building Purposes; and inasmuch as Doubts confirmed. may 'be entertained as to the Validity of such Leases, by reason of such varying Amount in the Rents reserved, instead of one ' uniform Rent during the Term granted, it is expedient that 'such Doubts should be removed;' now therefore be it enacted, That all such Leases so granted as aforesaid, so far as regards any Doubts which may arise with respect to any such Reservation of Rent as aforesaid, shall be as from the making thereof absolutely confirmed, and shall be taken to have been made within the Powers of the said first-mentioned Act contained, any thing therein to the contrary notwithstanding. Commissioners, in future Exer cise of Powers given of granting Leases for 99 Years, to reserve either one uniform Rent, or sepa rate Rents for separate Parts IV. And be it enacted, That from and after the passing of this Act, in the Exercise of the Powers in the said first-recited Act or in this Act contained with regard to Ground authorized to be let or agreed to be let for any Term not exceeding Ninety-nine Years for Building Purposes, where the Lessee or Lessees shall agree to erect Buildings thereon, or otherwise, as herein-before mentioned, or on any Part thereof, the said Commissioners may, if they shall think fit, either reserve one uniform Rent in respect thereof, or may reserve separate Rents for separate Parts of the Term demised or agreed to be demised, varying in such Manner as may of the Term. be determined on by the said Commissioners for the Time being, instead of one uniform Rent during the said Term; but all and every the Leases or Agreements for Leases by the said Act or this Act authorized to be granted or entered into shall in all respects be made and entered into in the Manner and subject in all respects as by the said first-recited Act is provided, except as far as the Terms and Provisions of the said first-recited Act, as to the granting and making such Leases and Agreements as aforesaid, are hereby altered or extended. Where any Li. cence or Waiver of Forfeiture reserved in any V. And be it enacted, That where any Licence or Waiver of any Forfeiture or Power of Re-entry reserved in any Lease heretofore granted or hereafter to be granted of the Possessions or Land Revenues of the Crown shall at any Time after the passing Lease of the of this Act be given by the said Commissioners or any Two of Land Revenues them, (which they are hereby authorized to do, by any Memo- of the Crown randum in Writing, without Stamp,) every such Licence or Waiver shall be given shall, unless otherwise expressed, only extend to the actual Breach by the Commissioners, such of the particular Covenant or Condition in respect of which the Licence, &c. same is given, or to any specific Breach of any Proviso or Covenant shall extend only made or to be made, but not so as to prevent any Proceeding for to the Breach any subsequent Breach or Omission (unless otherwise specified in of the particular such Licence), or to the actual Assignment, Underlease, or other Covenant. Matter thereby specifically authorized to be done; and all Rights under Covenants and Powers of Forfeiture and Re-entry in the Lease contained shall remain in full force and virtue, and shall be available as against any subsequent Breach of Covenant or Con dition, Assignment, Under-lease, or other Matter not specifically authorized or made dispunishable by such Licence or Waiver, in the same Manner as if no such Licence or Waiver had been given; and the Condition or Right of Re-entry shall be and remain in all respects as if such Licence or Waiver had not been given, except in respect of the particular Matter waived or authorized to be done or omitted. VI. And be it enacted, That it shall be lawful for the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings for the Time being, in the Execution of the Powers contained in the said Act passed in the Tenth Year of King George the Fourth, to accept a Surrender of any Lease of any of the Possessions or Land Revenues of the Crown, and to grant separate Leases of the Hereditaments so surrendered, for the Residue of the Term for which such surrendered Hereditaments were held, and to apportion the Rent reserved in or by any such surrendered Lease, as they shall think fit; and any Leases which may heretofore have been made on any such Surrender as aforesaid, and which might have been made if this Act had passed, are (so far as relates to any Question as to the Validity of any such Surrender and Re-grant) hereby confirmed. VII. And be it enacted, That whenever a Surrender shall be made of any existing Lease, for the Purpose of taking a new Lease or Leases by virtue of this Act, the new Lease or Leases shall be taken to be a Renewal of the surrendered Lease, within the Scope and Meaning of the Sixth Section of an Act passed in the Fourth Year of the Reign of King George the Second, intituled An Act for the more effectual preventing Frauds committed by Tenants, and for the more easy Recovery of Rents and Renewal of Leases, so far as to render unnecessary the Surrender of any Under-leases previously to the granting of such new Lease or Leases, and to give full Effect to such new Lease in all respects, notwithstanding any Under-lease or Under-leases may not be surrendered. VIII. And whereas in many of the Leases of Crown Lands there is contained a Covenant on the Part of the Lessee to ‹ insure the Buildings therein against Fire in the Names of the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and in many 'Cases such Covenants have not been strictly observed, by reason of the Changes of the said Commissioners, or otherwise; and it is expedient that the Lessees should be relieved from the For'feiture incurred by such Non-observance of Covenants, and that 'some Provision should be made for facilitating the due Observance 'thereof in future;' be it enacted, That where in any Lease heretofore made, or which shall at any Time hereafter be made, in pursuance of the Powers in the said Act of the Tenth Year of King George the Fourth or in this Act contained, there shall be contained a Covenant on the Part of the Lessee to insure against Fire the Buildings erected, or the Hereditaments therein comprised, it shall be lawful for the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings for the Time being, or any Two of them, at their Discretion, to release by Licence or Waiver, as herein-before is provided, the Tenant or Lessee from any such Covenant, whether Default has been |