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Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLIC GENERAL ACTS,
5 VICTORIÆ, Sess. 2.
AN ACT better to provide for the Application to the Service of the Year One thousand eight hundred and forty-one of the Sums granted in the Two last Sessions of Parliament.
(15th February 1842.)
By this Act, After reciting the passing of 4 & 5 Vict. c. 4, 4 & 5 Vict. c. 19, 4 & 5 Vict. c. 29, 4 & 5 Vict. c. 53, 5 Vict. c. 8, and 5 Vict. ell: and that the said several Acts were passed in the year 1841, and the whole of the sums thereby granted were for the service of the year ending on the 31st of March 1842; but by the said recited Acts the issue and application of the sums granted to Her Majesty in each of the said sessions respectively was restricted to the services voted in each such session: and that it is for the interest of the public service that that restriction should be removed, and that the several sums granted to Her Majesty by or under the said recited Acts, or any of them, should be issued or applied generally to the services of the year ending the 31st of March 1842,
It is Enacted, That so much of the hereinbefore recited Acts or any of them as limits or restricts the issue or application of the several sums granted to Her Majesty to the services voted in the respective sessions of Parliament in which such sums were granted shall be and the same is hereby repealed; and that the sums granted by the said recited Acts or any of them shall and may be issued or applied generally to any use, intent, or purpose mentioned in, or to defray any payment directed to be satisfied by, any hereinbefore recited Actor Acts of either of the two last sessions of Parliament; anything in any of the said recited Acts to the contrary notwithstanding.
AN ACT to enable His Royal Highness Albert Edward Prince of Wales to make Leases and Grants of
Land and Hereditaments, Parcel of His said Royal Highness' Duchy of Cornwall, or annexed to the same; and for the other Purposes therein mentioned.
(15th March 1842.)
ABSTRACT OF THE ENACTMENTS, 1. All leases, &c. granted by His Royal Highness the Prince of Wales declared valid. 2. Conditions and duration of leases. 3. Leases for buildings, cultivation of wastes, or working minerals. 4. Covenants in leuses as effectual as if His Royal Highness was possessed of an absolute estate. 5. Saving of rights. 6. Her Majesty during the minority of His Royal Highness to exercise the rights and powers of His Royal Highness.
By this Act, • After reciting that His Royal Highness Albert Edward Prince of Wales now stands seised of the duchy of Cornwall and the possessions thereof of an estate of inheritance under a special form of limitation diifering from the ordinary rules of inheritance at common law, whereupon doubts have arisen whether leases and grants made by His said Royal Highness of any of the possessions of his said duchy will be good and effectual in law longer than for the life of His said Royal Highness: For avoiding of which doubts, and for the ease and quiet of the minds of such persons as have taken or shall hereafter take les or grants from His said Royal Highness, and to the end that such persons may be sure to have good and ind feasible estates, and be encouraged to lay out monies in building and repairing or otherwise improving the several lands and tenements to them demised or granted, or to be demised or granted, and to take sets or leases of the mines and minerals parcel of the said possessions :
It is Enacted, 1. That all leases or grants made or to be made by His said Royal Highness, by letters patent or indentures under the Great or Privy Seal of His said Royal Highness, or by copy of court roll, of any manors, messuages, parks, lands, tithes, tenements, or hereditaments, parcel of the possessions of the said duchy of Cornwall, or annexed to the saine, shall be good and effectual in law, according to the purport and contents of the said leases or grants, against Her Majesty, her heirs and successors, and against the heirs and successors of His Royal Highness, Dukes of Cornwall, and against all and every person or persons who shall or may inherit or succeed to the said duchy, according to the said limitation or otherwise.
11. Provided and enacted, That every such lease or grant so made or to be made of any such manors, messuages, parks, lands, tithes, tenements, or hereditaments, in possession, shall be and shall be made for three lives or fewer, or for thirty-one years or under, or for some term of years determinable upon one, two, or three lives, and not above; and if such lease or grant be made in reversion or expectancy, that then the same, together with the estates in possession, do not exceed three lives, or the term of thirty-one years, and be not in anywise dispunishable of waste; and so as upon every such lease or grant there be or shall be reserved the ancient or most usual rent or more, or such rent as hath been reserved, yielded, or paid for such of the premises as are or shall be contained therein for the greater part of twenty years next before the making of the said lease or grant, such rent to be reserved, due, and payable to such as have the inheritance or other estate of and in the said duchy; and where no such rent hath been reserved or payable, that then upon every such lease or grant there be or shall be reserved a reasonable rent, not being under the twentieth part of the clear yearly value of the manors, messuages, parks, lands, tithes, tenements, or hereditaments contained in such lease or grant; and where the subject-matter of such lease or grant shall be mines, minerals, or tolls, dues, or royalties in respect of mines or minerals, that then upon every such lease or grant there be or shall be reserved a reasonable rent, payment, toll, due, dole, or dish, without taking or requiring any fine or fines whatsoever.
And after reciting that certain parts of the possessions of the said duchy are capable of improvement by the erection of substantial buildings thereon, and by the cultivation of waste lands, which cannot be undertaken by the lessees unless they are secured by a longer interest in the premises than thirty-one years, or a term of years determinable upon three lives :
It is Enacted, 111. That it shall and may be lawful for His said Royal Highness, and His said Royal Highness is hereby empowered, to make leases and grants, by letters patent or indentures under the Great or Privy Seal of His said Royal Highness, of any lands, tenements, or hereditaments, parcel of the possessions of the said duchy, or annexed to the same, for any term of years not exceeding the term of ninety-nine years, expressly for the purpose of improving the same by erecting substantial buildings thereon, or for the purpose of improving waste lands by cultivation or otherwise : Provided always, that upon all such lastmentioned leases or grants so to be made improved annual ground rents be reserved and made payable as aforesaid during the terms therein limited, and no fines or other considerations be taken by His said Royal Highness further or other than the improved annual ground rents hereby directed to be reserved as aforesaid.
iv. That all covenants, conditions, reservations, and agreements contained in every such lease or grant made or to be made as aforesaid shall be good and effectual in law, according to the words and contents of the same, as well for and against them to whom the reversion of the said manors, messuages, parks, lands, tithes, tenements, or hereditaments shall come, as for and against them to whom the interest of such leases or grants shall come, respectively, as if His said Royal Highness, at the time of making such covenants, conditions, reservations, and agreements, had been or were seised of an absolute estate in fee simple in the same manors, messuages, parks, lands, tithes, tenements, or hereditaments.
v. Saving always to all and every person and persons, bodies politic and corporate, their heirs and successors, executors, administrators, and assigns, other than His said Royal Highness, his heirs and successors, Dukes of Cornwall, and other than Her Majesty, her heirs and successors, and all and every person and persons, and the lessees of such person and persons, that shall hereafter inherit and enjoy the said duchy of Cornwall, by force of any Act of Parliament or other limitation whatsoever, all such rights, titles, estates, customs, interests, tenures, terms, claims, and demands whatsoever, of what nature, kind, or quality soever, of, in, to, or out of the said manors, messuages, parks, lands, tithes, tenements, or hereditaments, or any of them, parcel of or annexed to the said duchy of Cornwall, as they or any of them had or ought to have had before the making of this Act, to all intents and purposes, and in as large and ample manner and form, as if this Act had never been made, this Act or anything herein contained to the contrary notwithstanding.
And after reciting that doubts may exist respecting the extent of the power and authority of Her most excellent Majesty as guardian of His said Royal Highness during the minority of His said Royal Highness, and it is expedient that such doubts should be removed :