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Grants of Lands.
The Word “ Settlement ” shall include every Assurance or con
nected Set or Series of Assurances, whether by Deed, Will, Private Act of Parliament, or otherwise, by which Lands are or shall be limited in a Course of Settlement, or agreed
so to be. Short Title. II. In citing this Act in any Instrument, Document, Proceed
ing, or Act of Parliament, it shall be sufficient Designation to use the Expression “ The Leasing Powers Act for Religious Worship in (Ireland), 1855."
With respect to the Persons hereby empowered to make Leases : Power to make III. Every Person herein-after described entitled in possession Leases of Land to any Estate or Interest herein-after named in Lands in Ireland, of not more
or to the Receipt of any Rents and Profits thereof, whether or than Five Acreș not such Estate shall be subject to any Mortgage or other Incumfor religious Purposes.
brance (provided the Incumbrancer shall not be in possession),
missioners of Her Majesty's Woods and Forests in respect
of Lands situate in the Kingdom of Ireland:
perpetual Estate subject to any Mortgage or Incum
brance : (3.) Tenants in Tail or Quasi-Entail of an Estate of Inheritance
or perpetual Interest : (4.) Tenants for the Term of their own Lives, not being
Jointresses, or for the Life or Lives of any other Person or Persons, or for so many Years as they may live, or any partial Owner, for an unexpired Term of Years not being less than Sixty Years in its Inception, and whether absolute or determinable on a Life created out of an Estate of Inheritance or perpetual Interest by any Settlement, and not in consideration of or subject to any Rent
reserved thereby : (5.) Married Women entitled to any Estate specified in Numbers
(2.), (3.), or (4.) for their separate Use, and whether
restrained or not from Anticipation : (6.) Tenants by the Courtesy of England : (7.) Husbands seised in right of their Wives, or by Entireties
with their Wives, provided that the Wife is entitled to any such Estate as is specified in Number (2.), but whether subject to any Incumbrance or not, or in Numbers (3.) or (4.), and shall be a consenting and executing Party to the Lease, not being under Age:
Grants of Lands.
aggregate or sole : Provided, that no Lease made by any
on or annexed to the said Lease :
Nature, and seised or possessed of an Estate in Fee
Simple, Fee Farm, or other perpetual Interest :
Simple or for a perpetual Interest or to any Estate speci-
Lease shall be valid without such Consent.
IV. In case any Person (not being a Trustee or Feoffee of charit- In Cases of able Uses of a public Nature) who would be entitled to make Disability of Leases under this Act or otherwise shall happen to be under any dians, &c. may of the following Disabilities or Incapacities, the Power shall be make Leases. exercised in his or her Name and on his or her Behalf in the following Manner: If under the Age of Twenty-one Years, by his or her Guardian appointed by Will or Settlement, or by the Court of Chancery; and if such Person have no Guardian, it shall be lawful for the Court of Chancery in Ireland, on Petition in a summary Way, to appoint a Guardian of such Person under Age, for the Purpose of executing any Lease under this Act, in the Manner aforesaid, and to change him from Time to Time, and the Power shall be executed by the Guardian so appointed: If lunatic or idiot, or non compos mentis, by the Committee of the Estate ; and if there shall be no Committee of the Estate, or no Inquisition finding such Person idiot or lunatic, it shall be lawful for the Court of Chancery in Ireland, by Petition in a summary Way, to appoint a Guardian of such Person, for the Purpose of executing any Lease under this Act, and to change such Guardian from Time to Time, and the Power shall be executed as aforesaid by the Guardian so appointed: Provided always, that no Lease made under this Act of the Estate of any Person under Age or of unsound Mind or non compos mentis shall be valid without the Consent of the Court of Chancery, to be obtained in a summary Manner by Petition to the said Court of Chancery by any Party interested thereon.
The Purposes and Periods of Time for which Leases may be made under this Act shall be as follows :
V. A Lease made by a Person empowered by this Act may be forms of made of any Quantity of Land, not exceeding in the whole Five Leases under Acres, for a Site for a Place of Worship for such Congregation,
this Act. and for the Residence of their Clergymen, Ministers, or Pastors, and for the Erection of a School or Schools and School Accom
Grants of Lands.
modation in connexion therewith, and for a Burial Ground for the Interment of its deceased Members, or for any One or more of such Purposes, and such Leases may be made in Fee Farm, or for
any Term not exceeding Nine hundred and ninety-nine Years. Provisions as to VI. Where any Lease or Grant shall have been made before Leases made
the passing of this Act for any of the Purposes aforesaid, and for previous to the Act.
a Period less than the Term for which a Lease may be made under this Act, it shall be lawful for the Person enabled to make a Lease of such Land under this Act to accept a Surrender of such existing Lease or Grant, and make a new Lease under this Act of the same Land, or of the same Land and any other Land in conjunction therewith, provided that the entire Quantity comprised in such
new Lease shall not exceed Five Acres. Rent reserved VII. The Rent reserved in any Lease made under this Act in any Lease
shall be the best improved Rent that at the Time of making such to be the best improved Rent.
Lease can be obtained or reasonably expected from a solvent Tenant without Fine or Consideration of any kind : Provided always, that in case of the Surrender of an existing Lease, and the Grant of a new Lease, of the same Land, under Section Six, the Value of any Buildings, Erections, or Improvements on said Lands theretofore made for any of the Purposes aforesaid shall not be taken into account in estimating the Rent to be reserved in
such new Lease. Conditions, &c. VIII. Every Lease made under this Act shall specify the Purof Leases to be poses for which it shall be made, and shall imply the following specified.
Covenants, Conditions, and Agreements on the Part of the Lessee,
Taxes and Impositions payable by the Tenant :
Premises during the Term in good and substantial Repair,
with all Buildings, Fixtures, and Improvements : That the demised Premises shall be applied for no other Pur
poses than those expressed in the Lease, or of the like
Lessor and his Successors in Estate to re-enter :
Purposes expressed in said Lease for a period of Three
Estate to re-enter :
reasonable Times to enter on and inspect the Premises :
letting Reserved Rent, IX. The Rents reserved and the Covenants and Conditions &c. to enure to contained or implied in any Lease made under this Act shall proper Owner. enure to the Persons who for the Time being would, if such Lease
had not been made, be entitled to the actual Possession of the Lands comprised in the said Lease, or to the Receipt of the Rents
Grants of Lands.
Public Libraries and Museums (Ireland.)
and Profits thereof, according to their Estates and Interests therein.
X. Every Lease made under this Act shall be by Indenture Lease to be by sealed and delivered by or on behalf of the Lessor in the Presence Indenture. of One or more than One Witness, and a Counterpart of every such Lease shall be executed by the Lessee thereof.
And with respect to the Force and Efficacy of Leases to be made pursuant to this Act, be it enacted as follows:
XI. Every Lease made pursuant to the Provisions of this Act Lease to be shall be valid and effectual to bind the Lessor, his Heirs, Execu- binding on Les. tors, Administrators, Assigns, and Successors in Estate, and all sor, his Heirs
and Successors Persons whomsoever deriving under the same Title or Settlement
in Estate. as that under which the Lessor derives, and notwithstanding any Entail, Law, or Custom to the contrary, and whether there be any leasing Power annexed or belonging to the Estate of such Lessor, but so as not to prejudice or interfere with any other Power of leasing to him belonging.
XII. Where any Lease made in the intended Exercise of any Informality in supposed leasing Power conferred by this or any other Act of Proceedings Parliament, or by any Settlement, shall be invalid by reason of not to affect the
Lease. the Lessor not having at the Time Power to make such Lease, and the Estate of such Lessor in the Lands comprised in such Lease shall have continued or shall have accrued and continued until after such Lease might have been lawfully granted, such Lease shall take effect out of such Estate, and be as valid as if it had been granted at such last-mentioned Time, provided such Lease had not been then already surrendered or relinquished.
XIII. Where any Lease shall be made by a Lessor having a Lease, in virtue Power of leasing the Lands comprised in such Lease, and such of Power, valid Lease cannot take effect or have Continuance independently of though not ex. such leasing Power, every such Lease shall take effect and be as
. valid as if the same were intended and had been expressed to have been granted in exercise of the said Power, although such Power be not referred to.
CA P. XL.
[26th June 1855.] : WHEREAS it is expedient to amend the Act
of the Sixteenth
, • One hundred and one, and to give greater Facilities for the • Establishment in Ireland of free Public Libraries and Museums
or Schools of Science and Art: Be it therefore 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, and by the Authority of the same, as follows:
I. The said Act of the Sixteenth and Seventeenth Years of Her 16 & 17 Vict. present Majesty, Chapter One hundred and one, and Section
c. 101. and
Sec. 99. of Ninety-nine of the Towns Improvement Act (Ireland), 1854, are 17 & 18 Vict.
hereby c. 103. repealed, Public Libraries and Museums (Ireland). hereby repealed; but such Repeal shall not invalidate or affect anything already done in pursuance of either of such Acts; and all Public Libraries and Museums established in Ireland under either of those Acts shall be considered as having been established
under this Act. Short Title. II. In citing this Act for any Purpose whatever it shall be
sufficient to use the Expression “The Public Libraries Act
(Ireland), 1855.” Interpretation III. In the Construction and for the Purposes of this Act (if of Terms. not inconsistent with the Context or Subject Matter) the follow
ing Terms shall have the respective Meanings herein-after assigned to them; that is to say, “ Town” shall mean and include any City, Borough, Town, or Place in which Commissioners, Trustees, or other Persons have been or shall be elected or appointed under the Act of the Ninth Year of King George the Fourth, Chapter Eighty-two, or the “Towns Improvement Act (Ireland), 1854," or any Local or other Act or Acts for paving, flagging, lighting, watching, cleansing, or otherwise improving any City, Borough, Town, or Place, for the Execution of any such Act or Acts, or superintending the Execution thereof, and in which there shall not be a Town Council or other such Body elected under the Act of the Third and Fourth Years of Her present Majesty, Chapter One hundred and eight, or any other Charter granted in pursuance of such Act, or any Act passed for the Amendment thereof; “Town Commissioners” shall mean the Commissioners, Trustees, or other Persons for the Time being elected or appointed under any such first-mentioned Acts as aforesaid ; “ Town Fund” shall mean the Town Fund, or the Rates or Property vested in and under the Control and Direction of any Town Commissioners, and applicable to the Purposes of any such Acts ; “ Town Rate” shall mean the Rate or Rates authorized to be levied by any such Town Commissioners ; “Mayor” shall include Lord Mayor; “Clerk” shall mean, as regards an incorporated Borough, the Town Clerk of such Borough, and as regards a Town in which there shall be Town Commissioners the Clerk appointed by the Town Commissioners; “ Householder" shall mean a Male Occupier of a Dwelling House, or of any Lands, Tenements, or Hereditaments within any Town or incorporated Borough, and entitled for the Time being to vote at Elections of Commissioners, Aldermen, or Councillors in such
Town or Borough. Act may be IV. The Council or Board of Municipal Commissioners of any adopted in any incorporated Borough in Ireland regulated under the said Act of incorporated
the Third and Fourth Years of Her present Majesty, Chapter One Borough or any hundred and eight, or any Charter granted in pursuance of such
Act, or any Act passed for the Amendment thereof, the Population of which according to the then last Census thereof, shall exceed Five thousand Persons, or the Town Commissioners of any Town in Ireland having such a Population as aforesaid, may, if they think fit, appoint a Time for a Public Meeting of the Householders of the Borough or Town, as the Case may be, in order to determine whether this Act shall be adopted for the Borough or Town, and Ten Days Notice at least of the Time, Place, and