[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/lfsa1881252.txt

[New search] [Help]

LEASES FOR SCHOOLS (IRELAND) ACT 1881

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - LONG TITLE

An Act to facilitate leases of land for the erection thereon of
Schools and Buildings for the promotion of Public Education in
Ireland.{1}
[27th August 1881]
Preamble rep. by SLR 1894

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 1
Interpretation of terms.

1. In the construction of this Act the words "grantor", "lessor",
and "person" shall extend to and include any body corporate.

The word "entitled" shall mean entitled either legally or equitably.

The word "settlement" shall mean every assurance or connected set of
assurances, whether by articles, agreement, deed, will, Act of
Parliament, or otherwise, by which lands are or shall be limited in
a course of settlement or be agreed so to be settled.

The words "public education" shall include education provided in
return for periodical payments as well as purely gratuitous or free
education.

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 2
Power of making lease.

2. Every person herein-after described entitled in possession to any
estate or interest herein-after specified in lands in Ireland, or to
the receipt of the income thereof, whether or not such estate or
interest shall be subject to any mortgage or other incumbrance
(provided the mortgagee or 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 or pleasure grounds
usually occupied with such mansion house), and not exceeding in the
whole one statute acre for the purposes and periods of time and
subject to the covenants and condition herein-after provided (that is
to say):

(a)Her Majesty the Queen and the Commissioners of Woods:

(b)Tenants in fee simple or fee farm, or in tail general or
special, ...:

(c)Tenants for their own lives or pur autre vie:

Para.(d) rep. by 1937 c.9 (NI) s.13(2) sch.2; SLR 1973; SLR 1976;
paras.(e)(f) rep. by 1937 c.9 (NI) s.13(2) sch.2

(g)Corporations lay, eleemosynary and collegiate, whether aggregate or
sole:

(h)Trustees of charities or for public purposes, provided any lease
to be made by any such trustees under this Act shall be approved
of under the seal of the Commissioners of Charitable Donations and
Bequests for Ireland:

(i)Trustees under any will or settlement, provided that no lease to
be made under this Act by any such trustees shall be valid without
the consent in writing of any person whose consent may be requisite
under such will or settlement to the exercise of any power of sale
or exchange or any leasing power therein contained.

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 3
Provision in case of disability.

3. In case any person (not being a trustee) who would be entitled
to make a lease under this Act shall happen to be under any of
the disabilities herein-after mentioned, the power to lease under
this Act shall be exercised in his or her name or behalf in the
following manner; (that is to say), if an infant, by his or her
guardian or guardians, or by the [Lord Chief Justice of Northern
Ireland], if such person have no guardian; if lunatic or idiot or
non compos mentis, then by the committee of the estate, and if
there shall be no such committee then by the [Lord Chief Justice
of Northern Ireland]: Provided always, that no such lease of land
belonging to any infant, lunatic, idiot, or person non compos mentis
shall be valid without the consent of the [Lord Chief Justice of
Northern Ireland] obtained by a summary petition to him by some
person interested.

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 4
Limitation of lease.

4. A lease under this Act may be made of any quantity of land
not exceeding one acre statute measure for a site for a school or
schools and playground, or other accomodation in connexion therewith,
or for teachers' residences, for any term not exceeding nine hundred
years, nor less than ninety-nine years, at a nominal rent.

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 5
Covenants implied.

5. Every such lease shall imply the following covenants, conditions,
and agreements as fully as if they were therein expressly inserted
on the part of the lessees or grantees in such lease and their
successors, or, as the case may be, their heirs, executors,
administrators, or assigns, that is to say:

(1)Covenant to expend upon the premises demised the sum agreed on
as the consideration for the lease within a period to be specified
in such lease commencing from the date thereon:

(2)To pay the rent, and all taxes and impositions payable on the
tenant's part:

(3)To repair, maintain, and keep the demised premises and all
improvements thereon in good repair during the term:

(4)That the said premises shall not be used or applied for any
other purposes than those to be expressed in the lease:

Conditions (5) that if the demised premises shall for a period of
three years continuously cease to be used for any of the said
expressed purposes, it shall be lawful for the lessor, or his, her,
or their successors in estate, to re-enter; and (6) that it shall
also be lawful for the said lessor, his, her, or their successors
in estate, at all times to enter and inspect the premises (and all
such implied covenants and conditions shall enure for the benefit of
the persons who would, if no such lease had been made, have been
entitled for the time being to the possession of the lands therein
comprised, or the receipt of any rents thereof).

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 6
Form of lease.

6. Every lease made under this Act shall be by indenture sealed
and delivered in the presence of at least one witness, and a
counterpart of such lease shall be executed by the grantees or
lessees therein named, and delivered to the lessor or grantor.

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 7
Effect of lease.

7. Every lease made pursuant to this Act shall be effectual to
bind the lessor or grantor and his, her, and their successors,
heirs, executors, and administrators and assigns, and all persons
deriving under the same title or settlement as the said lessor or
grantor, and notwithstanding any entail, law, or custom to the
contrary, and whether or not there shall be any leasing power
contained in any such settlement by deed or will, or belonging or
annexed to the estate of such grantor or lessor, but so as not to
prejudice or interfere with any such other power.

LEASES FOR SCHOOLS (IRELAND) ACT 1881 - SECT 8
Short title.

8. This Act may be cited as the Leases for Schools (Ireland) Act,
1881.