certain leases the 10 & 11 Car. 1. Reat not to be less than that paid for 20 years before. s. 3. Confirmation of of any lands, &c. belonging to their respective sees, &c. made contrary to except as before excepted, unto any person, in such manner as by said act or any other act they are enabled to do, shall be valid and good, notwithstanding there was another lease or estate then in being which did not expire, nor was determined, within the time in the 10 & 11 Car. 1. mentioned; and also notwithstanding that upon such lease there were not reserved and continued payable unto the lessors 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, at the time of making such leases, did amount to; provided that the yearly rent or profits reserved upon every lease heretofore made, or hereafter to be made, shall not be less than the yearly rent, &c. paid, and payable thereout, for the last 20 years preceding the making of such lease, whether such lands, &c. be augmentation lands or others. And by s. 3. where any lands, &c. belonging to such archbishops, &c., shall have heretofore been, or hereafter be, demised Separate leases may be executed by one lease only, and have been, or may be afterwards, of several parts. separated and demised by 2 or more distinct leases, with distinct rents reserved thereon respectively; in such cases, whether such lands, &c. are augmentation lands or others, or both, every such separate lease shall be as valid, as the original one lease would have been provided (s. 4.) that the several yearly rents reserved, or to be reserved gate of such rents on such separate leases, do amount together to a yearly reserved by ori- rent and profit, not less than the yearly rent, &c. reserved by such one original lease: but nothing herein shall authorize any person, &c. to make any concurrent Exception as to concurrent leares lease, other than what they could have made before the 10 & 11 Car. 1. passing of this act. By the 10 & 11 Car. 1. c. 2. s. 7. Ir. all gifts, grants, alienations, leases, forfeitures, charges, and incumbrances, imposed or suffered by any minister, beneficers having parson, vicar, or other beneficer having cure of souls force only during in Ireland, of or upon his benefice, or any part thereof, residence of shall be in force for such time only as such parson, &c. shall be resident upon his benefice, without absence from the same above 80 days in any one year. And all cove nants, bonds, and other assurances, by any such benefi 9. 4. But the aggre to amount to that ginal lease. c. 2. s. 7. Ir. Leases, &c. by cure of soul, in cer, 330. s. 1. & 2. where no vicar age endowed, to be deemed benefices with cure cer, or collaterally for or on his behalf, for the enjoying of the profits or hereditaments of such benefices, or of any part thereof, for any longer time than as aforesaid, or whereby such beneficer shall be enforced to resign his benefice, and all assurances to be made, to the intent to Bonds, &c. for upholding such force such beneficer to be resident, for the upholding of grants cod. any grant, &c. made as aforesaid, shall be void. This clause was taken from the 13 Eliz. c. 20. Eng. 14 Eliz. c. 11. s. 15. Eng. and 43 Eliz. c. 9, s. 8. Eng. which were repealed by the 42 Geo. 3. c. 84. E. but this provision of the 10 & 11 Car. 1. was not repealed by the 48 Geo. 3. c. 66. I.* which extended to Ireland most of de page the provisions of the 42 Geo. 3. c. 34. for enforcing the residence of the clergy. The 6 Geo. 1, c. 14. Ir. recites 6 Geo. 1. c. 14 this clause of the 10 & 11 Car. 1. and enacts that every . deanery, arch-deaconry, dignity and prebend of a cathe- Deaneries, &c. dral church, the corps whereof consists of one parish or more, or part or parts of a parish or parishes, where at present no vicarage is endowed or established, shall be so of souls. far reputed as a benefice having cure of souls within said recited act, as that no lease or grant of any part of the tithes, to such deanery, &c. belonging, hereafter to be made by any dean, &c. of any cathedral church, shall be good for any longer time than during the incumbency of such dean, &c. saving leases or grants before 1st July, 1719. And to prevent alienations of tithes it is enacted (s. 3.) that if any dignitary or prebendary of any cathedral church, or any other ecclesiastical person, being leases of tithes rector of any parish where there is a vicarage endowed, for longer time than during inshall, after 6th August, 1719, set the tithes belonging to camber.cu, tod his respective dignity, prebend, or rectory, for any longer time than during his incumbency, except where such tithes have been set in lease for the greatest part of 30 Exception. years last past, such lease shall be void as to the successor. By the 39 Geo. 3. c. 14. s. 23. Ir. all leases or 39 Geo. 3. demises of tithes which shall be made after the passing of c. 14. s. 23. Ir. this act (7 May, 1799,) by any persons who are themselves der lenses of entitled to such tithes by virtue of leases executed by files id. ecclesiastical persons or bodies, rectors, vicars, curates, or impropriators, other than leases, &c. of the tithes to s. 3. as to successor. Bishops may demise bog for 60 years. 12 Geo. 1. c. 10. s. 13, 14 & 15. Ir. the actual occupiers of the lands subject to the payment of the tithes demised, shall be utterly void in law and equity. With respect to such large tracts of bog and fenny ground as are appertaining to the several archbishops and bishops of Ireland, the 12 Geo. 1. c. 10. s. 13, 14 & 15 Ir. enacts, that it shall be lawful for such archbishops, with the consent of the chief governor, under his hand and seal, and for such bishops, with the consent of the archbishop of the province, under his hand and archiepiscopal seal, to demise any parcel of such bog, &c. for any term not exceeding 60 years, in possession, without fine, reserving the best rent that can be got for such bog, &c. at the time of making such lease: provided that every such archbishop or bishop, over and above such bog, &c. so to be demised, shall be possessed of 300 acres, plantation measure, of good arable and pasture lands belonging to his dwelling house as demesne, and shall reserve a turbary sufficient for the use of such dwelling house, and the tenants of such demesne lands: and provided also that no such lease shall be renewed for any longer term than 21 years; and that at every such renewal the said land shall be set at 3-4ths of the full value at the time of such renewal. And by s. 16. as to such tracts of bog, &c. whereof such archbishops, &c. are part of the de-seised in right of their archbishopricks, &c. not being parcel of their demesne, which have hitherto lain waste, and have usually been demised for 21 years with the lands or farms of such archbishops, &c. to which they lie contiguous, it shall be lawful for such archbishops and bishops, with such consent as aforesaid, to make separate leases of such tracts of bog, to the respective tenants of such lands or farms, or if out of lease, to any person whatsoever, for any term not exceeding 60 years, in possession, without fine, and at the highest rent that can be had for the same. But by s. 17. if any archbishop, &c. under colour of the powers hereby granted, shall include in such demises any of the profitable lands belonging to such farms, or shall lessen the yearly rent that now is, or at the time of making such lease of 60 years shall be re s. 16. Though not mesne of such biskop. 3.17. s. 13. No such lease to be executed after the first expires. lr. commision allo served upon such farm, to which such tracts of bog, &c. are adjoining; or include in any such lease any other lands belonging to their respective sees, in all such cases every such lease shall be void. And it is provided (s. 18.) that from the expiration, surrender, or other determination of such lease to be made by virtue of this act, no other or longer lease of such boggy or fenny grounds, nor in any other manner, shall be made, than is prescribed by the 10 & 11 Car. 1. c. 3. supra. The 15 Geo. 2. c. 5. Ir. 15 Geo. 2. c. 5. as amended by the 19 Geo. 2. c. 16. Ir. empowers the 19 Geo. 2. lord lieutenant of Ireland, on the application of any c. 16, Ir.. archbishop, to grant a commission to 5 or more persons Lord Lieutedwelling within 10 miles from the demesne lands of such nant may by archbishop, empowering them, or any 3 of them, to view cate demesnes all the demesne or mensal lands, and cause a survey to for arch-bishops. be taken, and map to be made thereof, and in such map to distinguish such part, not less than 250 acres, plantation measure, of said lands, as they shall judge fit and sufficient for a demesne for an archbishop of that see, and the nature and quality thereof, and to certify the same under their hands and seals to the lord lieutenant; in which commission a power shall be given to 2 or more justices of the county, in which said lands, or any part of them, shall lie, to administer an oath to the commissioners, justly and faithfully to execute the said commission according to the best of their skill and knowledge; on return of which certificate and map, it shall be lawful for the lord lieutenant, by writing under his hand and scal, to settle a proper demesne for such archbishop, not containing less than 250 acres plantation measure, and to cause a map thereof to be affixed to such writing; which writing, map, and certificate, shall be lodged in the council office; and a duplicate thereof lodged in the archbishop's registry; and the said lands so set out shall from thenceforth be the demesne or mensal lands belonging to said archbishop, and his successors; and from thenceforth such archbishop, &c. may demise the remaining part of said demesne lands, viz. such lands as who may demise lie within any town corporate or market town, or within the residue. half a mile thereof, for any term not exceeding 40 years, in s. 2. Ir. may by commis sion settle de in possession, and the rest of such lands for such term of years as, by the laws now in being, he is empowered to demise other lands belonging to said archbishoprick. Provided that the full yearly value of such part of the said demesne lands as shall be so demised, at the time of leasing the same without any fine, shall be reserved; and provided that no more than 10 acres, plantation measure, of such part of said demesne lands, as shall lie within any town corporate or market town, or within half a mile thereof, shall be demised to, or in trust or for the use of, 15 Geo. 2. c. 6, any one person. And the 15 Geo. 2. c. 6. Ir. contains the like provisions in respect to the demesne or mensal And archbishops lands of bishops, save that the power is given to the archbishop of the province (instead of the lord lieutenant) upon the application of the bishop to grant such commission, and upon the return of the certificate and map to him, to settle by writing, under his archiepiscopal seal, a proper demesne for such bishop, not exceeding 250 acres, profitable land plantation measure, for the support of his house, and keeping hospitality in said see; which writing, map, and certificate, shall be lodged in the registry of the archbishop, and a duplicate thereof in the bishop's registry. And this act (s. 4.) declares all such leases by any such archbishop or bishop, as shall include other lands of the see above half a mile from a town corporate or market town, or which shall demise above 10 acres to or in trust for one person, to be void. mesnes for bishops. 9. 4. What leases By the 37 Geo. 3. c. 44. Ir, it shall be lawful for every incumbent of any parish, who is or shall be seised of any estate in fee-simple to him and his successors, in trust for such parish, to demise the said estate, or any part thereof, for any term of years not exceeding 41, with the consent of the ordinary of the diocess, and of the majority of the protestant parishioners of such parish in vestry assembled, without taking any thing by way of fine, at the full improved yearly rent, at the peril of the lessees who shall take the same; so as such lease be not made to commence in futura, and so as in such lease there shall not be contained any power or privilege to commit waste, or to be dispunishable of waste; and so as there shall |