of the Rents to be in future paid or reserved in respect thereof: Be

No. 35.

it therefore enacted by the King's most Excellent Majesty, by and with 34 Geo. Ill. c 75. the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Autho

trary to this Act

rity of the same, That the said recited Proviso in the said Act of the Clause 6 of recited First Year of Queen Anne contained, so far as the same is contrary to Act, so far as conany of the Provisions in this Act, shall be, and the same is hereby repealed. repealed; and that all and every Lease or Grant which, after the passing of this Act, shall be made or passed under the Great Seal, or the Seal of the Exchequer, of any Tenements or Hereditaments whereof the greatest Part of the Yearly Value shall consist of the Buildings thereupon, or of any Land or Ground which shall be set apart or appropriated for Buildings, by force and virtue of this Act, and where the Lessee or Grantee, Lessees or Grantees, shall agree and covenant to erect Buildings thereon of greater Yearly Value than the Land or Ground so to be leased or granted, shall be made for such Term, Estate, and Interest, and in such Manner as by this Act is directed, and not otherwise, or in other Manner; and if any Lease or Grant shall be made of any such Tenements or Hereditaments, Land or Ground, contrary to the Authority and Directions of this Act, the same shall be utterly void and of none Effect; any Thing in the said Act of the first Year of Queen Anne contained to the contrary notwithstanding.

II. Provided always, and be it further enacted, That nothing herein contained shall extend, or be construed to extend, to affect any subsisting Lease or Grant already made by the Crown, under and by virtue of the said recited Act, but that such Lease or Grant shall remain and be in as full Force and Effect, to all Intents and Purposes, as if this Act had not been made.

Act not to affect

or Grants.

subsisting Leases

Years or three

make Erections of greater yearly Va

est Part of

the

III. And be it further enacted by the Authority aforesaid, That is Majesty may where any Land or Ground belonging or hereafter to belong to his grant Land for Majesty, his Heirs or Successors, within the Ordering and Survey building, for 99 aforesaid, shall be deemed, by the Lord High Treasurer or Commis- Lives, where the sioners of the Treasury for the Time being, fit and proper for the Lessees agree to Erection of Houses or other Buildings thereupon, or for necessary Gardens, Yards, Curtilages, and other Appurtenances, to be used and fue than the Land, enjoyed therewith, and shall be by their Order directed to be reserved or where the great or set apart and appropriated to that Use, and where the Lessee or yearly Value of the Grantee, Lessees or Grantees, shall agree aud covenant to erect Build-Premises consists ings thereon of greater Yearly Value than the Land or Ground so to of Buildings, &c. be leased or granted, or where the greatest Part of the Yearly Value of any Tenements or Hereditaments belonging to his Majesty, his Heirs or Successors, as aforesaid, doth or shall, at the Time of making any Lease or Grant thereof, consist of any Building or Buildings thereupon, in all and every or any of such Cases, it shall and may be lawful for his Majesty, his Heirs or Successors, to demise or grant the Land or Ground so directed to be set apart as aforesaid, or the Tenements or Hereditaments of the Description last aforesaid respectively, to any Person or Persons, or to any Body or Bodies Politick or Corporate, under the Great Seal of Great Britain, or the Seal of the Exchequer, for any Term or Estate, so as such Term or Estate do not exceed Ninety Nine Years, or Three Lives, to be computed from the Date or making of any such Lease or Grant respectively; or if any such Lease or Grant be made to take Effect in Reversion or Expectancy, then that the Term and Estate thereby to be granted, together with the Term or Estate, Terms or Estates, in Possession of and in the same Land and Ground, Tenements and Hereditaments respectively, shall not exceed Ninety Nine Years, or Three Lives, computed from the Date or making thereof as aforesaid; and so as the respective

No. 35.

Rents hereinafter specified be reserved for the same, (that is to say,) 31 Geo. Ill. c. 75. where there shall happen to be any substantial Building or Buildings upon the Ground to be demised, or that the Building or Buildings thereupon shall not require, or not be intended and agreed to be rebuilt, there shall be reserved to his Majesty, his Heirs and Successors, an Annual Rent or Rents not being less than two-third Parts of such Annual Sum as shall be deemed by the Lord High Treasurer, or Commissioners of the Treasury for the Time being, a reasonable Rent or Consideration for such Building or Buildings and Ground respectively, for the Term and Estate intended to be granted of and in the same; and so as there be paid to the Use of his Majesty, his Heirs and Successors, a Fine or Fines to the Amount of the remaining Part of such Annual Sum as aforesaid, subject to a Discount, which shall not be computed at a higher Rate than the highest legal Rate of Interest at the Time of making any such Grant or Lease; and when there shall | happen to be no substantial Building upon the Land or Ground to be demised, or that the Building or Buildings there upon require, or shall be intended and agreed to be forthwith rebuilt, or other new Buildings to be erected upon such Land or Ground, then, and in that Case, there shall be reserved such Annual Rent or Rents as shall be deemed, by the Lord High Treasurer, or Commissioners of the Treasury for the Time being, to be a reasonable Rent or Consideration for such Land or Ground and old Buildings respectively, for the Term and Estate intended to be granted of and in the same, without taking any Fine for the same; and so as in every Lease or Grant of Land or Ground and Buildings of the Description last aforesaid, there be contained a Covenant or Condition on the Part of the Lessee or Grantee, for the erecting of proper and substantial Houses or other Buildings thereon, within reasonable Time, to be in each Case limited for that Purpose, and such other Covenants for keeping Buildings in Repair, and doing all such other Acts as the Lord High Treasurer or Comismisioners of the Treasury for the Time being shall think reasonable; and so as all and every such Rent and Rents be reserved to be paid, free and clear of all Manner of Taxes and Assessments whatsoever, for and during the Whole of the Term or Terms to be granted or demised, except such Rent, or such Part thereof, during such Part of such Term or Terms as the Lord High Treasurer, or Commissioners of the Treasury for the Time being, shall in any Case think fit and expedient to be allowed, not exceeding in any Case the Term of Three Years; and so as every such Grantee or Lessee, Grantees or Lessees, shall and do duly sign, seal, and deliver a Counterpart or Counterparts of his, her, or their respective Grant or Lease, Grants or Leases, which Counterparts shall not be subject to any Stamp Duty; and that all and every such Grants and Leases so made as aforesaid, according to the true Intent and Meaning of this Act, shall be good, valid, and effectual in the Law; any Thing contained in the said Act of the first of Queen Anne, or in any other Act, to the contrary notwithstanding. IV. And be it further enacted by the Authority aforesaid, That (except as herein on every Grant, Lease, or other Assurance which shall be made of excepted) Annual granted by his Majesty, his Heirs or Successors, under the Great Kents to be reser. Seal, or Seal of the Exchequer, or either of them, of any Manors, ing any Fine, &c. Messuages, Lands, Tenements, Rents, Tithes, Woods, or other Hereditaments, (Advowsons of Churches and Vicarages, and such Tenements and Grounds, with Edifices or Buildings erected thereon, as are hereby authorized to be granted for any Term not exceeding ninety-nine Years or three Lives, and whereon any Fine or Fines shall be payable as aforesaid, only excepted,) within the Kingdom of England and Dominion of Wales, or any of them, or any Part thereof, now belonging, or hereafter to belong to his Majesty, his,

On every Grant

ved, without tak

No. 35.

Heirs or Successors, and being within the Ordering and Survey aforesaid, in Possession, Reversion, Remainder, Use, or Expectancy to 34 Geo. Il c 75, any Person or Persons, Body Politic or Corporate, whereby any Estate or Interest whatever, in Law or Equity, shall or may pass from his Majesty, his Heirs or Successors, there shall be reserved such clear Annual Rent or Rents as shall be deemed by the Lord High Trea surer; or Commissioners of the Treasury for the Time being, to be a reasonable Rent or Consideration for such Grant or Lease, without taking any Fine for the same; and such Rent or Rents shall be made payable to his Majesty, his Heirs and Successors, during the whole Term or Time of the Continuance thereof respectively; and no such Lease or Grant, Leases or Grants, shall be good or effectual in the Law, unless the Grantee or Lessee, Grantees or Lessees therein, do and shall duly sign, seal, and deliver a Counterpart or Counterparts of his, her, or their respective Grant or Lease, Grants or Leases, so made as aforesaid, according to the true Intent and Meaning of this Act, which Counterparts shall not be subject to any Stamp Duty.

Grants not to

piration;

certain

V. And be it further enacted by the Authority aforesaid, That it shall not be lawful to renew any Lease or Grant of any Manors, be renewed until Messuages, Lands, Tenements, Tithes, Woods, or other Heredita- within a ments now belonging or hereafter to belong to his Majesty, his Heirs Number of Years or Successors, within the Ordering and Survey aforesaid, for any Term prior to their Exof Years whatever, until within five Years of the Period of the Expiration of the same, except such Tenements and Hereditaments as are hereby authorized to be granted for any Term not exceeding ninetynine Years, nor to renew any Grant or Lease of any such Tenements or Hereditaments as are hereby authorized to be granted for such Term not exceeding ninety-nine Years, until within twenty Years of the Period of the Expiration of the same, nor any Lease or Grant for Lives, so long as there shall be more than one of such Lives in being, except in the Cases hereinafter mentioned,

VI. Provided always, and it is hereby enacted and declared,

That if it shall appear to the Satisfaction of the Lord High Trea- except in Cases surer, or Lords Commissioners of the Treasury for the Time being, herein specified. that any Persous or Person have or has, at any Time before the passing of this Act, entered into any Covenants or Engagements to obtain Renewals of Leases at earlier Periods, in Confidence that the same could be renewed according to the ordinary Practice in such Cases, it shall be lawful in such Cases to renew any Lease or Grant at a greater Distance of Time from the Period of the Expiration thereof, so as to enable such Person or Persons to perform such Covenants or Engagements; any Thing herein contained to the contrary notwithstanding: Provided also, That if any Person or Persons shall be the Lessee or Lessees of any Tithes of any Lands, or of any other Profits issuing out of any Lands, and shall be also the Owner or Owners of, or interested in such Lands, it shall be lawful for the Lord High Treasurer, or Lords Commissioners of the Treasury for the Time being, to order a Renewal of Leases of such Tithes or other Profits, at such Times as shall appear to them convenient for the most beneficial Enjoyment of such Tithes or other Profits, together with such Lands respectively: Provided also, That if it shall be made appear to the Satisfaction of the Lord High Treasurer, or Lords Commissioners of his Majesty's Abatement of Treasury for the Time being, that any Persons or Person having any may be made in Lease of any Lands belonging to his Majesty have or has, before the certain Cases. passing of this Act, made any Demise of such Lands, or entered into any Agreement to demise the same, for the Purpose of improving the same by building, and have or has entered into any Covenants or Engagements, in consequence whereof such Persons or Person would, by reason of the Improvements so made, be bound to pay, upon the

Rent and Fine

Renewal of any Lease or Grant of such Lands, more than such Per* Geo Ill. c. 75. sons or Person would be entitled to receive from the Under Lessees or

No 35.

Leases of Wastes,

ment, and

Growth of Wood,

&c

recited or this Act

Lessee thereof, it shall be lawful for the Lord High Treasurer, or Commissioners of the Treasury for the Time being, to make a just Abatement in the Rent and Fine to be reserved and paid to his Majesty, his Heirs and Successors, in consequence of such Improvement, and that such Lease or Grant as shall be made (Regard being had to such Circumstances) shall be good and effectual; any Thing in this Act contained to the contrary notwithstanding.

VII. Provided always, and it is hereby enacted and declared, That &c. for Improve where any Wastes, Commons, or other unenclosed Lands or Grounds, of within the Ordering and Survey aforesaid, in which his Majesty, his Lands for the Heirs and Successors, has or shall have any Interest, shall be deemed may be re fit and proper to be divided, enclosed, drained, or otherwise improved. newed agreeable to and shall be, by Authority of Parliament or otherwise, authorized and directed to be divided and enclosed, or where any Lands or Grounds belonging to and held under any Lease or Grant from his Majesty, his Heirs or Successors, or from any of his Majesty's Royal Predecessors, under the Great Seal, or Seal of the Exchequer, shall be deemed, by the Lord High Treasurer, or Commissioners of the Treasury for the Time being, fit and expedient to be planted and ap propriated to the Growth of Wood or Timber, or any Farm House, or other substantial Building, to be erected for the better Management and Improvement of any Lands or Grounds, or any Pits, Shafts, Levels, Watercourses, Engines, or other Works, to be digged, sunk, erected, or made for the better and more advantageous working of any Mines, Quarries, or Collieries belonging to his Majesty, his Heirs of Successors, and held as aforesaid, and where the Term or Estate in Possession of and in the same respectively shall be deemed, by the Lord High Treasurer, or Commissioners of the Treasury, to be insufficient to repay the Costs and Charges of such Works and Improvements, with reasonable Profit and Advantage to the Parties making or causing the same to be made, or to their Representatives or Assigns, in all and every such Case and Cases it shall and may be lawful, at any Time or Times hereafter, to renew any such Lease, or to grant any further or other Lease of any such Lands or Grounds, Mines, Quarries, or Collieries, or any Part thereof, for any Term or Estate, not exceeding the Terms or Estates authorized to be granted of Lands, Tenements, or Hereditaments of such or the like Descriptions, by the said Act of the first Year of Queen ANNE, or by this Act; and that where any Houses or other Buildings shall require, or shall be intended and agreed to be rebuilt, or any new Houses or other Buildings built. &c further to be erected, or where any Houses or other Buildings have been, at Leases may any Time before the passing of this Act, erected upon any Land or granted. Ground belonging to, and held under, any Lease or Grant, whereof the Term or Estate in Possession at the Time of erecting such Houses or other Buildings respectively shall be deemed, by the Lord High Treasurer, or Commissioners of the Treasury, to be insufficient to repay the Cost and Charges of erecting such Houses or Buildings, with reasonable Profit and Advantage to the Parties erecting or causing the same to be erected, or to their Representatives or Assigns, in all and every such Case and Cases it shall and may be lawful, at any Time or Times hereafter, to grant any further or other Lease of any such Houses or other Buildings, and Land or Ground respectively, for any Term or Estate, not exceeding the Terms and Estates hereby authorized to be granted; provided that in every such Lease there be réserved and made payable to his Majesty, his Heirs and Successors, such Rent or Rents as is or are hereby required to be reserved, and that Covenants or Conditions, be inserted therein, on the Part of the

Where Houses,

&c are to be re

be

No. 35.

respective Grantees or Lessees, for erecting such new Houses or other Buildings, and performing such respective Works and Improvements, 34 Geo. III. c. 75. at the Costs and Charges of such Grantees or Lessees, within a reason. able Time, to be in each Case limited and appointed for that Purpose, where such Houses or other Buildings, or such Works and Improvements, shall not have been previously erected, made, or performed.

is made, a Survey

Estima e

Annual Value, to

VIII. And be it further enacted by the Authority aforesaid, That before the making of any Grant or Lease under the Great Seal, or Before any Grant Seal of the Exchequer, of any Manors, Messuages, Lands. Tenements, of the Premises, Rents, Tithes, Woods, or other Hereditaments now belonging, or and an hereafter to belong, to his Majesty, his Heirs or Successors, within of the tapioved the Ordering and Survey aforesaid, a Survey of the Premises, where the be made and cer same shall be capable of such Survey, and an Estimate of the improved thed by the SurAnnual Value thereof, shall be had and made by such able and practical veyor, ac. Surveyors of Land or of Houses (according to the Nature of the Case) as shall be named for that Purpose, by or under the Order and Direction of the Lord High Treasurer or Commissioners of the Treasury, or of the Surveyor General of the Land Revenues of the Crown for the Time being, which said Surveyors of Land or of Houses shall certify, by their Reports in Writing under their Hands, what in their Judgment is or are the true and fair improved Annual Worth or Value of the respective Estates so by them surveyed and valued, clear of all Taxes, Assessments, and Reprizes whatever; and where the greatest Part of the Value thereof shall consist of the Building or Buildings thereon, or of Ground set apart and appropriated for Building, the said Surveyor or Surveyors shall certify the true and fair Annual Worth or Value of the respective Buildings, Land, or Ground clear of all Contributions for the Expences of building of Party Walls, or repairing the same, and of repairing, and keeping in Repair, the respective Buildings, (as the Case may be,) and also of all Taxes, Assessments, and Reprizes whatever, and also what is or shall then appear to be the true State and Condition of such Buildings, in point of their Repair, Strength, and Durability; and also for what Term of Years it shall appear to him or them to be most beneficial for the Interest of the Crown to grant such Buildings or Ground respectively, Regard being had to the Quality and Condition of the Buildings then standing upon such Ground, and of the Buildings proposed to be erected thereon; and every Person who shall be employed to make Surveys and An Oath to be Estimates, or Valuations, of any such Manors, Messuages, Lands, anexed to each Tenements, Rents, Tithes, Woods, or other Hereditaments as aforesaid, in consequence of Applications for Grants or Renewals of Leases thereof, shall annex to each Survey and Estimate, or Valuation, an Oath (or, being of the People called Quakers, an Affirmation) taken and subscribed by him before a Justice of the Peace in any County, City, or Liberty within this Kingdom, the Tenor whereof shall be as follows:

I

A. B. do swear, [or, being a Quaker, do solemly affirm,] That

Survey.

the Survey or Account hereto annexed was faithfully and im- Form of Oath, partially made by me; that the Value of the Property of the Crown "therein contained is justly estimated therein, according to the best "of my Skill and Judgment; and that all the Particulars stated in "the said Survey or Account are true, to the Best of my Knowledge " and Belief.

"So help me GOD."

Which Oath or Affirmation, so taken and subscribed, shall be filed with the Survey and Estimate in the proper Office for depositing the

same.

Oath to be filed.