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Short Title.

Power to make

Leases of Land

of not more

than Five Acres for religious Purposes.

Grants of Lands.

The Word "Settlement" shall include every Assurance or connected 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.

II. In citing this Act in any Instrument, Document, Proceeding, 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: III. Every Person herein-after described entitled in possession to any Estate or Interest herein after named in Lands in Ireland, or to the Receipt of any Rents and Profits thereof, whether or not such Estate shall be subject to any Mortgage or other Incumbrance (provided the Incumbrancer shall not be in possession), shall have Power to make Leases of any Part of the said Lands, (other than the Mansion House and Demesne Lands or Parks, Plantations, Gardens, Orchards, or Pleasure Grounds and Appurtenances belonging to or usually occupied with such Mansion House,) and not exceeding in the whole Five Acres, for the Purposes and Periods of Time, and subject to the Rents, Rights of Apportionment of Rent, Covenants, and Conditions herein stated; (that is to say,)

(1.) Her Majesty the Queen and Her Successors; the Commissioners of Her Majesty's Woods and Forests in respect of Lands situate in the Kingdom of Ireland:

(2.) Tenants in Fee Simple or Fee Farm or seised of any other perpetual Estate subject to any Mortgage or Incumbrance:

(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:

(9.) Cor

Grants of Lands.

(9.) Corporations Lay, Eleemosynary, and Collegiate, whether aggregate or sole: Provided, that no Lease made by any Municipal Corporation or Board of Guardians of the Poor shall be valid without the Licence in Writing in the Case of a Municipal Corporation of the Commissioners of Her Majesty's Treasury, and in the Case of such Board of Guardians of the Poor of the Poor Law Commissioners for Ireland, such Licence to be written on or annexed to the said Lease:

(10.) Trustees and Feoffees of Charitable Uses of a public Nature, and seised or possessed of an Estate in Fee Simple, Fee Farm, or other perpetual Interest:

(11.) Trustees under any Will or Settlement entitled in Fee Simple or for a perpetual Interest or to any Estate specified in Number (4.), and having a Power to sell the same: Provided, however, that when such Power is to be exercised with the Consent of any Person no such Lease shall be valid without such Consent.

And with respect to Cases of Disability of Parties otherwise entitled to make Leases:

IV. In case any Person (not being a Trustee or Feoffee of charitable Uses of a public Nature) who would be entitled to make Leases under this Act or otherwise shall happen to be under any of the following Disabilities or Incapacities, the Power shall be 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 made of any Quantity of Land, not exceeding in the whole Five Acres, for a Site for a Place of Worship for such Congregation, and for the Residence of their Clergymen, Ministers, or Pastors, and for the Erection of a School or Schools and School Accom

modation

In Cases of Disability of dians, &c. may make Leases.

Parties, Guar

Forms of
Leases under

this Act.

Grants of Lands.

Provisions as to
Leases made
previous to the
Act.

Rent reserved in any Lease to be the best

improved Rent.

Conditions, &c. of Leases to be specified.

Reserved Rent, &c. to enure to proper Owner.

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.

VI. Where any Lease or Grant shall have been made before the passing of this Act for any of the Purposes aforesaid, and for 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.

VII. The Rent reserved in any Lease made under this Act shall be the best improved Rent that at the Time of making such 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.

VIII. Every Lease made under this Act shall specify the Purposes for which it shall be made, and shall imply the following Covenants, Conditions, and Agreements on the Part of the Lessee, his Heirs, Executors, and Administrators, with the Lessor, his Executors, Administrators, and Successors in Estate, and the same shall be as effectual and binding as if they were expressly inserted in such Lease:

That the Lessee shall pay, when due, the Rent reserved, and all
Taxes and Impositions payable by the Tenant:

That the Lessee shall repair, maintain, and keep the demised
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
Nature, and in default thereof it shall be lawful for the
Lessor and his Successors in Estate to re-enter:

That in case the said Lands shall not be used for any of the
› Purposes expressed in said Lease for a Period of Three
Years, it shall be lawful for the Lessor and his Successors in
Estate to re-enter:

That it shall be lawful for the Landlord and his Agent at all
reasonable Times to enter on and inspect the Premises:

Also to re-enter in case of any unlawful Assignment or Subletting.

IX. The Rents reserved and the Covenants and Conditions contained or implied in any Lease made under this Act shall 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

and

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:

and Successors

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 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.

Lease.

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 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.

pressed.

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 exsuch 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.

An Act for further promoting the Establishment of free
Public Libraries and Museums in Ireland.

[26th June 1855.]

W HEREAS it is expedient to amend the Act of the Sixteenth and Seventeenth Years of Her present Majesty, Chapter 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:

c. 101. and

I. The said Act of the Sixteenth and Seventeenth Years of Her 16 & 17 Vict. present Majesty, Chapter One hundred and one, and Section Sec. 99. of Ninety-nine of the Towns Improvement Act (Ireland), 1854, are 17 & 18 Vict. hereby c. 103. repealed,

Short Title.

Interpretation of Terms.

Act may be
adopted in any
incorporated

Borough or any
Town.

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.

II. In citing this Act for any Purpose whatever it shall be sufficient to use the Expression "The Public Libraries Act (Ireland), 1855."

III. In the Construction and for the Purposes of this Act (if not inconsistent with the Context or Subject Matter) the following 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.

IV. The Council or Board of Municipal Commissioners of any incorporated Borough in Ireland regulated under the said Act of the Third and Fourth Years of Her present Majesty, Chapter One 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

Object

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