But such seve

rent accustom

an enta e demise.

reserved on the separate demises of the several parts, shall be deemed to be the ancient and accustomed rents for such specific parts, within the meaning of the 32 Hen. 8. c. 28. 1 Eliz. c. 19, 13 Eliz. c. 5. and 14 Eliz. c. 11. But by s. 2. nothing herein shall render valid any demise made before the passing of this act, unless the several rents reserved upon the separate demises of sepa- ral rents to rate parts, theretofore accustomably demised under one amount to the entire lease, shall be equal to or more than the rent there- ably reserved ov tofore accustomably reserved on the entire demise of the whole; or in case the whole shall not be demised, unless the rents reserved on the parts demised should be so far equal to or more than the whole amount of the ancient rent, that the part not demised should be sufficient to answer the difference. And by s. 3. where the whole of any such lands, &c. accustomably demised by one lease, shall be demised in parts by several leases, the aggregate amount of the several rents, shall not be less than the old accustomed rent reserved by such entire lease; and where a part only shall be so demised by such separate lease, and the residue shall be retained in the possession of the lessor, the rent to be reserved by such separate lease shall not be less, in proportion to the fine to be received on granting such lease, than the rent accustomed to be reserved for the whole of said premises, was in proportion to the fine received on granting the last entire lease. Provided (s. 4.) that no greater proportion of the accustomed rent shall be reserved by any separate lease, hereby confirmed or allowed to be granted, than the part of the premises thereby severally demised will reasonably bear. And provided (s. 5.) that where any specific thing, incapable of division or apportionment, shall have been reserved to the lessor, his heirs or successors, by way rent, or by any covenant or agreement contained in entire lease, the same may be wholly reserved out of competent part of such lands, &c. demised by such several lease; and in case in any lease already granted, and hereby intended to be confirmed, any such provision shall appear to have been made for the payment and delivery of any sum of money, stipend, augmentation, or other thing, the same shall be deemed to have been lawfully

of

6. 5.

be

Any specifie Hãng man wholly any

a

mads,

out of a cosape

tent part of he

premases.

s. 6.

Provisoes

s. 7.

made, in case the lands and tenements charged therewith shall be of greater annual value than the payment or other thing so charged, exclusive of the rent or other annual payment reserved to the lessor. By s. 6. nothing herein shall authorize or confirm any lease wherein no annual rent is or shall be reserved to the lessor, his successors or assigns: nor by s. 7. to authorize the reservation or payment of any rent upon any such several lease made or to be made under authority of this act, by any master, &c. of any college in the universities, &c. in any other manner than is required by the 18 Eliz. c. 6. Eng. supra. And it is provided (s. 8.) that where any such accustomably entire leases shall have usually contained covenants on the part of the lessees for the payment or delivery, or shall have in any other manner charged such lessees with the payment or delivery, of any sum of mosuch payments. ney or other thing to or for the use of any vicar, curate,

s. 8.

Stipends, aug mentations, &c.

to be reserved

out of parts of

3 times the annual value of

3. 9.

school-master, or other person, other than the lessor and his heirs or successors, all such leases as shall hereafter be granted of the same lands, &c. in severalty, shall and may provide for the future payment, &c. of such sum of money or other thing, out of any part of the lands, &c. accustomably charged therewith, not being of less annual value than 3 times the amount of the payment so to be charged thereon, exclusive of the proportion of rent, &c to be reserved to the lessor: provided (s. 9.) that nothing herein shall confirm the claim of any vicar, &c. to any such sum, &c. the payment and continuance whereof shall depend on the will of the person, &c. granting or renewing such lease. And by s. 10. where any person now holding or who shall hold any such lease as in this act mentioned, shall hold the same, or any part of the lands, under leases of &c. thereby demised, in trust for any person, &c. or specific parts under covenants shall have granted any under lease of any part of his of renewed, may holding, and be under any covenant or engagement for renewal thereof to any other person, &c. when and as often as his own lease shall be renewed, it shall be lawful for such person as first mentioned to surrender his lease, que trusts, and in order that separate leases may be granted by the origi

s 10.

Persons holding

such leases in

trust,or granting

surrender them,

that separate leases may be

granted by the original lessors to the cestui

under lessees.

nal

nal lessor of such specific parts of the same, to the respective under-lessees and cestuique trusts, upon reasonable terms, subject to an apportionment of the accustomed rent, and other payments, according to the intent of this act; and every such surrender, and the new leases to be granted thereon, shall be good in law and equity, notwithstanding such under lessees and cestui-que trusts, or any of them, shall be infants, issue unborn, femes covert, persons absent from the realm, or otherwise incapacitated to act for themselves, provided that such new leases be for the benefit of the several persons entitled to the benefit of such surrendered leases, and be so declared in the body of such new leases.

trary to this act

c. 3. Ir.

8. 2.

By the 10 & 11 Car. 1. c. 3. Ir. all feoffments, gifts, Conveyances, &c. by ecclesiasgrants, leases, alienations, conveyances, estates, charges tical persons con and incumbrances, made or suffered by any archbishops, vol. bishops, deans and chapters, archdeacons, prebendaries, 10 & 11 Car. 1. or other dignitaries ecclesiastical, parsons, vicars, masters and governors, and fellows of colleges, and masters, guardians, or other governors of hospitals, of any lands, &c. being parcel of the possessions of such archbishop, &c. (other than such leases and grants as in this act, or in any other act of this present parliament, are expressed) shall be void. But by s. 2. it shall be lawful for such archbishops, &c. to grant any ancient office concerning their land or other possessions, or concerning the attendance upon their persons or churches, together with the may grant anlike pensions and other profits as were formerly accus- und demisekunda tomed to be granted therewith; and also by their writings ye. indented under their respective seals of office,* demise any lands, &c. belonging to their respective churches, colleges, and hospitals, (the dwelling houses for the most part of 40 years now last past, used for any of their habitations, and the demesne lands thereunto belonging, Fac and during said time commonly used as such, only excepted,) for the terin of 21 years from the time of making thereof,

* A counterpart whereof shall, by the 11 Geo. 2. c. 15. s. 2. I. be filed by the respective lessors, in their respective registries, for the benefit of the r successors; for which the register shall receive from such less es, 20s, to be recovered, in case of refusal, by civil bill; and on payment of such sum, the leasts shall not be avoided for d.fault of registry.

Fcclesiastical dignitaries, &c.

cient offices,

&c. for 2! years.

c. 23. infra.

s. 3.

Leates may be for any term for building forbesses, &c.

thereof, whereof, or of any part whereof, there shall be no other lease or estate in being, which shall not expire within one year then next coming; upon which lease there shall be reserved, during the said 21 years, so much yearly rent or profit, or more, at the peril of the lessees, *Vide 35Gec.3. as the moiety of the true value of said lands, &c. (communibus annis) at the time of making such lease, shall amount to, as the same shall appear upon a trial between the successors of such lessors, if they shall question the same, and the said lessees, or their assigns, by verdict of 12 indifferent persons; which verdict shall be peremptory to both parties, and their successors and assigns, during said term; in which leases shall be contained no power or privilege, for such lessees or their assignees, to commit waste, or to be dispunishable of waste. But by s. 3. it shall be lawful for said archbishops, &c. by the license of the chief governor and council of this kingdom, to make leases for a longer term than 21 years of any of their lands fit for building of castles, fortresses, or other houses of strength for the defence of this realm, for such term, and in such sort as the said chief governor and council shall think fit: and such archbishops, &c., may also in consideration of the re-assignment, surrender, and taking in of any fee-farms or long leases of any of their lands, &c. and upon farther improvement of the yearly rents and profits thereof, with the license of the said chief governor and council, make any lease for the Or for 60 years term of 60 years, or under, of such fee-farm lands, on the surren- and of such leased lands, for the like term, or for fewer der of long leases, &c. years, if the leases in being were for fewer years and Or for 40 years it shall be likewise lawful for such spiritual persous, &c. of houses in to make any lease for the term of 40 years, under the * Vide 1 Geo.2. like valuable rent, of any houses belonging to their churches, colleges, or hospitals, and of the curtilages appertaining to the same, which are situate within any city, town corporate, or market town, so as the same be not of their mansion or dwelling houses, or of any part thereof, or of any curtilages, gardens, or orchards belonging thereto, By s. 4. the rents reserved upon any leases by virtue of this act, shall continue payable to the lessors and

torens.

c. 15. s. 12. Ir.

s. 12. Ir,

demise for 61

s. 13.

And renew for

40 y

O years.

their successors, during such leases and terms, and shall 'not be aliened, released or discharged, to the prejudice of the successors. By the 1 Geo. 2. c. 15. s. 12. Ir. it shall 1 Geo. 2. c. 15. be lawful for every rector, ticar, or other incumbent of any parish in any city or town corporate, with the con- Incumbents in sent of the patron of such parish, and ordinary of the cities, &c. may diocess, to demise any house or ground to him belong- years. ing in such city, &c. for any term of years not exceeding 61, without fine, at the full improved rent, so as such lease be not made to commence in futuro, and so as the rent be reserved to such incumbent and his successors; and so as such house or ground so let be certified by the archbishop of the province, and bishop of the diocess, under their archiepiscopal and episcopal seals, to be over and above what is sufficient for the convenient residence of the incumbent; and so as such certificate and lease be entered in the registry of the diocess. And by s. 13. where any such lease shall be so made and entered, it shall be lawful for every such incumbent, for the time being, to renew such lease for any term of years not exceeding 40, so as the former rent be not lessened, without any new certificate from the archbishop or bishop: provided (s. 14,)' that such renewed lease be entered in the registry of the diocess, where the house or ground shall lie. The 10 & 11 Car. 1. c. 3. Ir. is explained and amended by the 35 Geo. 3. c. 23. Ir. which empowers archbishops, 33 Geo. 3. c. 25. &c. (as enumerated in the 10 & 11 Car. 1.) from time to fr. time, to accept of a surrender of any lease of any lands Bishops, &c. or hereditaments belonging to their respective sees, may accept surchurches, colleges, and hospitals, and thereupon to de- demise inheir mise such lands, &c. (the dwelling houses used for their lands, tho respective habitations, and demesne lands thereunto be- not reserved. longing, and therewith used as demesnes, only excepted) as by said act or any other act they are enabled to do, notwithstanding that upon such lease there shall not be reserved, and continued payable, unto the lessors and their successors, during the term of 21 years, so much yearly rent or more, as the moiety of the true value of the lands, &c. communibus annis, shail amount to. And By s. 2. all leases heretofore made by any such persons,

VOL. I.

2 M

of

s. 14.

renders, and

moiety of value

5. 2.