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Duchy of Lancaster Act 1812

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Duchy of Lancaster Act 1812

1812 CHAPTER 161

An Act for enabling His Majesty to grant Leases under certain Circumstances, and for the better carrying into Effect the Provisions of an Act passed in the Thirty-ninth and Fortieth Year of the Reign of His present Majesty, touching the Formation of a Map of the New Forest in the County of Southampton, and continuing and extending other Provisions of the said Act ; for further appropriating the Monies arisen or to arise from the Sale of certain Crown Lands under the Authority of divers Ads of Parliament; for annexing certain Lands within the Forest of Rockingham to His Majesty's Manor of King's Cliffe; and for enabling the Commissioners of the Treasury to appropriate small Portions of Land for Ecclesiastical Purposes.

[29th July 1812]

WHEREAS an Act was made in the Thirty fourth Year of the Reign of His present Majesty, intituled An Act for the better Management of the Land Revenue of the Crown, and for the Sale of Fee Farm and other unimproveable Rents, reciting and repealing a Proviso contained in an Act, made in the Fifth Year of the Reign of Queen Anne, intituled An Act for the better Support of her Majesty's Household, and the Honour and Dignity of the Crown, so far as the same was contrary to any of the Provisions, of the said Act of the Thirty-fourth Year of His present Majesty's Reign: And whereas by an Act pa (fed in the Forty-eighth Year of the Reign of His present Majesty, intituled An Act to improve the Land Revenue of the Crown of England, and also of His Majesty s Duchy of Lancaster, it was enacted, that where any Land or Ground belonging or thereafter to belong to His Majesty, His Heirs or Successors, within the Ordering and Survey of the Exchequer, or of the Duchy of Lancaster, shall be deemed by the Lord High Treasurer or the Chancellor of the Duchy of Lancaster for the lime being, fit and proper for Gardens, Yards, Curtilages and other Appurtenances to be used and enjoyed with any House or Houses or Buildings erected or to be erected upon Ground belonging either to His Majesty, His Heirs or Successors, or to any other Proprietors, it should be lawful for His Majesty, His Heirs or Successors, to demise or grant such Land or Ground to any Person or Persons, or to any Bodies Politic or Corporate, under the Great Seal of Great Britain, or the Seal of the Exchequer, or the Seal of the Duchy and County Palatine of Lancaster, for any Term or Estate not exceeding Ninety nine Years, to be computed from the Date or making any such Lease or Grant reflectively; or if any such Lease or Grant be made to take Effect in Reversion or Expectancy, 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 Lands and Grounds should not exceed Ninety-nine Years, computed from the Date or making thereof as aforesaid; and it was thereby further enacted, that no Land or Ground for Garden, Yard, Curtilage or other Appurtenances to be used and enjoyed with any Houses or Buildings holden or to be holden, under any Lease from His Majesty, or His Royal Predecessors, should be granted or demised for any Term or Estate exceeding in Duration the Terra or Estate for which the Houses or Buildings to which such Land or Ground should be so attached as Garden, Yard, Curtilage or other Appurtenances should be holden: And whereas it would tend much to the Improvement of the Revenues belonging to His Majesty in Right of His said Duchy of Lancaster, if the Power of granting Leases for the Erection, repairing, or rebuilding of Houses and other Buildings, on Lands within the Survey of the said Duchy, and of Gardens, Curtilages and Appurtenances to be used therewith, were enlarged, arid if the Provisions in the said recited Act of the Thirty-fourth Year of His present Majesty were extended to Leases granted under the Seals of the Duchy and County Palatine of Lancaster; be it therefore enacted by the. King's mo ft 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, That the said recited Proviso in the said Act of the Fifth Year of Queen Anne contained, so far as the same is contrary to any of the Provisions of this Act, shall be and the same is hereby repealed ; and that when any Land or Ground, belonging or hereafter to belong to His Majesty, His Heirs, or Successors, within the Ordering and Survey of the Chancellor and Council of His Majesty's Duchy of Lancaster for the Time being, fit and proper for the Erection of Houses or other Buildings thereupon, or for the necessary Gardens, Yards, Curtilages and other Appurtenances to be used and enjoyed therewith, and shall be by their Order directed to be reserved or set apart and appropriated to. that Use; or where the Lessee or Grantee, Lessees or Grantees' mail agree and covenant to. erect Buildings thereon of greater Yearly Value than the Land or Ground so to be leafed or granted; or where the greatest Part of the Yearly Value of any Tenements or Hereditaments belonging to His Majesty, His Heirs and 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 Cafes it shall and may be lawful for His Majesty, His Heirs and 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 reflectively, to any Person or Persons, or to any Body or Bodies Politic or Corporate, under the Seal or Seals of the said Duchy and County Palatine of Lancaster, 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 reflectively ; 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 reflectively, shall not exceed Ninety-nine Years or Three Lives, computed from the Date or making thereof as aforesaid, and so as the respective Rents herein-after specified or reserved for the same (that is to fey) 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 Chancellor and Council of the said Duchy 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 Successor's, a Fine of Fines to the Amounts 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 Interest at the Time of making any such Grant or Lease ; and which, there shall happen to be no substantial Building upon the Land or Ground to be demised, or that the Building or Buildings thereupon required, or should be intended and agreed to be forthwith rebuilt, or other new Buildings to be erected upon such Land or Ground, then and in that Cafe there shall be reserved such annual Rent or Rents as shall be deemed by the Chancellor and Council of the said Duchy for the Time being, to be a reasonable Rent or Consideration for such Land and Ground and old Buildings respectively for the Term and Estate intended to be granted of and in the same, without taking airy 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 a reasonable Time to be in such Cafes limited for that Purpose, and such other Covenants for keeping Buildings in Repair, and doing all such other Acts as the Chancellor arid Council of the said Duchy Lancaster 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 Chancellor and Council of the said Duchy of Lancaster for the Time being shall in any Cafe think fit and expedient to be allowed, not exceeding in any Cafe 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; 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 Fifth Year of Queen Anne, or any other Ad, to the contrary notwithstanding.

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