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	Statutes of Northern Ireland
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LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - LONG
TITLE

An Act to facilitate Grants of Lands and Tenements for the Purpose
of Religious Worship and other Purposes connected therewith.{1}
[26th June 1855]
Preamble rep. by SLR 1892

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 1
Interpretation.

1. In the construction of this Act the words "grantor" or "lessor"
shall extend to a body politic, corporate, or collegiate, making
grants or leases:

The word "lessee" shall include the personal representatives of any
lessee, and his lawful assigns:

The word "person" shall include any body politic, corporate, or
collegiate:

The expression "perpetual interest" shall comprehend, in addition to
any greater interest, any estate for one or more than one life,
with or without a term for years, or for years, whether absolute
or determinable on one or more than one life, with a covenant or
agreement by a party competent thereto for perpetual renewal:

The expression "successors in estate" shall extend to and include
the persons entitled for the time being after the lessor to the
actual receipt of the rents and profits of the lands comprised in
the lease, under the same title, settlement, or will with the
lessor, or under the exercise of any power affecting such title or
continued in such settlement or will, and who but for the making
of the said lease would be entitled to possession of the lands, or
to the possession subject to any other existing lease or tenancy:

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

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.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 2
Short title.

2. 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:

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 3
Power to persons entitled in possession to certain interests in
lands in Ireland empowered to make leases.

3. 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; the Commissioners of Woods in respect of
lands situate in 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... of an estate of inheritance...:

(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:

Para.(5) rep. by 1937 c.9 (NI) s.13(2) sch.2; SLR 1973; SLR 1976;
paras.(6)(7) rep. by 1937 c.9 (NI) s.13(2) sch.2

(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
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... 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:

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 4
In cases of disability of parties, guardians, &c. may make leases.

4. 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 of 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:

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 5
Purposes and terms for which leases may be made.

5. 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 accommodation in
connection 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.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 6
Leases made previous to this Act may be surrendered and new leases
granted under this Act.

6. 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.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 7
Rent reserved in any lease to be the best improved rent.

7. 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.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 8
Purposes of leases to be specified and certain covenants to be
implied.

8. 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 purposes
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 sub-letting.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 9
Rent and covenants to enure to the persons for the time being
entitled.

9. 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 profits
thereof, according to their estates and interests therein.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 10
Leases to be by indenture.

10. Every lease made under this Act shall be by indenture, sealed
and delivered by or on behalf of the lessor in the presence 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:

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 11
Lease to be binding on lessor, his heirs, and successors in estate.

11. Every lease made pursuant to the provisions of this Act shall
be valid and effectual to bind the lessor, his heirs, executors,
administrators, assigns, and successors in estate, and all persons
whomsoever deriving under the same title or settlement 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.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 12
Invalid leases to take effect, if not surrendered, &c., if lessor's
estate continues until after he might have granted them.

12. Where any lease made in the intended exercise of any supposed
leasing power conferred by this or any other Act of Parliament, or
by any settlement, shall be invalid by reason of 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.

LEASING POWERS ACT FOR RELIGIOUS WORSHIP IN IRELAND 1855 - SECT 13
Leases under powers.

13. Where any lease shall be made by a lessor having a power of
leasing the lands comprised in such lease, and such lease cannot
take effect or have continuance independently of 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.