LANDLORDS IMPROVEMENTS

VII. Tlio Expression ''T.imited Owner "as used in this Part of tliis Act sliall mean any Person entitled under any existing or future Settlement at Law or in Equity, for liis own Benefit and for the Term of his own Life, to the Possession or Receipt of the Rents and Profits of Land, whether subject or not to Incumbrances, in which the Estate for the Time being sujjject to the Trusts of the Settlement is an Estate for Two or more Lives, or for Years determinable on the dropping of Two or more Lives, or is an Estate for Lives or Years renewable for ever, or 'is an Estate renewable for a Term of not less than Sixty Years, or is an Estate for a Term of Years of which not less than Sixty are unexpired, or is a greater Estate than any of the foregoing Estates.

IX. The Term " Successor " as used in this Part of this Act shall mean the Person next entitled under the Settlement to the Possession or the Receipt of the Rents and Profits of the Lands in defeasance of or on the Determination of the Limited Owner.

X. Any Limited Owner of land may, with the Sanction of One of the Judges of the Landed Estates Court, make such Improvements thereon as are hereinafter mentioned, and upon the Completion thereof shall be entitled, by way of Compensation for his Outlay, to an Annuity, of such Amount and to be charged in such Manner as is hereinafter mentioned on the Lands on which the Improvements have been made, and any other Lands lying together with the first-mentioned Lands, and comprised in the same Settlement.

XL The Word '' Improvements" as used in this Part of this Act shall comprise the following Works ; (that is to say,) (1.) The Thorough Drainage or Main Drainage of Land : (2.) Reclaiming of Land from tidal or other Waters : (3.) Protection of Land by Embankment from tidal or other Waters :

(4.) Reclaiming- Bog Land, or reclaiming or inclosing Waste Land, by subsoiling by Manual Labour ; by Irrigation ; by clearing Land of Rocks or Stones, or otlierNvise ; (5.) Making Roads or Fences :

(0.) Erection of Farm Buildings, Houses for Stewards, Labourers, or other Persons employed in superintending tlie Cultivation of or in cultivating Land, and of other Buildings for Farm Purposes :

(7.) The Renewal or Reconstruction of any of the foregoing Works, or such Alterations therein or Additions thereto as are not required for maintaining the same, and increase durably their Value.

XIL In order to obtain such Sanction to Improvements proposed to be made, the Limited Owner shall lodge with the proper Officer of the Landed Estates Court a Statement of the Particulars of the intended Improvements, the proposed Manner of effecting such Improvements, the estimated Expense of effecting the same, a Description of the Lands proposed to be charged, and the Name and Residence of the Successor, and such other Particulars as may be required by the Judge for the Purpose of enabling him to decide upon the Propriety of sanctioning such Improvements.

XIII. Upon the Receipt of such Statement, the Officer of the Landed Estates Court shall serve Notice thereof on the Successor, and shall name in such Notice a Time and Place at which the Judge will be prepared to make an Order sanctioning such Improvements, unless Cause is shown to the contrary at the Time and Place named, or at some other Time and Place, of which Notice may be served on the Successor, and shall, at the Expense of the Limited Owner, cause the same to be advertised in some Newspaper published in or circulating in the County in which such Lands or any Part thereof are situate.

XIV. Previously to giving his Sanction, the Judge shall hear the Successor, or any one appearing on his Behalf, and objecting to such Improvements, or if no Appearance is made on behalf of the Successor, he shall require Proof of the Notice having been duly served on him : The Judge may also, if he think fit, make such Inquiries by means of Valuation Commissioners, Sur-

NOTES ET PIl'CES JUSTIFICATIVES. 519

veyors, or others to be appointed by him, as to the Circumstances of the Land on which the Impi-ovements arc to be made, and as to tlie Parties interested therein as Incumbrancers or otherwise, and direct such further Notices to be given as he tliinks necessary to enable him to form a Judgment as to tlie Propriety of giving his Sanction, and siiall have Power to order tlie Expense of such Inquiries to be paid by the Limited Owner.

XV. If the Judge decide that the Improvements as proposed, or as modified by him, are beneficial to the Parties principally interested in the Lands on which such Improvements are made, and that the Estimate of Expenditure is fair, and that the Expense of One or more of the proposed Improvements does not, Piegard being had to the Circumstances of the Estate, bear an undue Proportion to the whole Expense allowed by the Act to be expended on Improvements, and that the Lands proposed to be charged ought to bear such Charge, he shall make an Order giving his Sanction thereto.

XVI. Upon obtaining such Sanction as aforesaid, the Limited Owner may proceed to make the Improvements sanctioned ; but the Successor, or any Person authorized by him in Writing, may inspect the same during the Progress thereof.

XVII. Upon the Completion of the Improvements the Limited Owner shall lodge with the Officer of the Landed Estates Court a Statement verified by Affidavit, sworn before a Commissioner or other Officer duly authorized to take Affidavits in the Landed Estates Court, of the Expenditure that has been incurred, to an Amount not exceeding the Estimate of Expenditure sanctioned by the Chairman, and a Description of the Lands intended to he charged with an annuity in respect of such Expenditure.

XVIII. Upon the Receipt of such Statement, the Officer of the Landed Estates Court shall give Notice thereof to the Successor, and shall name in such Notice a Time and Place at which the Judge will be prepared to make his Order, charging the Lands mentioned in the Statement with such Annuity as is hereinafter mentioned, unless Cause is shown to the contrary at the Time and Place named, or at some other Time and Place of which Notice may be served on the Successor, and shall, at the Expense of the Limited Owner, cause the same to be advertised in some

Newspaper published in or circulating in the County in which the Lands or any Part thereof are situate.

XIV. Previously to making such Order, the Judge shall hear the Successor, or any Person appearing on his Behalf, and objecting that the Improvements have not been properly execuled, or that the Money stated has not actually been expended in the Improvements, or if no Appearance is made on behalf of the Successor he shall require Proof of the Notice having been duly served : He may direct Inquiries to be made by Valuation Commissioners, Surveyors, or others as to the Execution of the Improvements and the Expenditure thereon, and may, if he thinks it just, disallow the whole or any Portion of the Expenditure ; but if satisfied that the whole or any Portion of the Expenditure ought to be allowed, he shall make an Order specifying the Amount of Expenditure allowed, and charging the Lands mentioned in the Order with an Annuity of Seven Pounds Two Shillings for every One hundred Pounds of such Expenditure, and so in proportion for any less Sum, to commence from the Date of the Order, and to be payable for a Term of Twentyfive Years, on each Anniversary of such Date, to the Limited Owner, his Executors, Administrators, or Assigns.

XX. As soon as the Judge has made the Order charging any Land with an Annuity under this Act, he shall execute a Duplicate thereof and the Person applying for such Order may cause the Duplicate to be registered in the Office forPiegistry of Deeds in the City of Dublin, and the Registrar of the Registry Office, his and their Assistant Deputies, and other Officers, shall be required upon Proof by Affidavit, of the Signature of the Judge to register the same in the same Manner as any Deeds or Instruments are registered in the said Office, and to enter a Memorial thereof in the Abstract Books and Indexes of or relating to Memorials registered and kept in the said Office, subject to the Payment of such Fees as may now be lawfully demanded.

XXII. Every Annuity created under this Part of this Act shall, from the Date of the Registry of the Order creating the same, be a first Charge on the Estate and Interest of every Person taking by virtue of the same Settlement any Estate or Interest on tlie

NOTES ET PIÈCES JUSTIFICATIVES, r,21

Lands mentioned in the Order in Defeazance of or on the Determination of the Estate of the limited Owner.

XXIH. All Improvements in respect of which an Annuity is payable under this Part of this Act shall, during the Continuance of the Estate of the Limited Owner, be maintained by him in a proper State of Repair, reasonable Wear and Tear excepted, and the Costs of such Maintenance shall ])e a Charge on the Annuity so created, and any subsequent Owner of the Land charged with such Annuity may set off against any Amount of such Annuity for the Time being due any Damages he may have sustained by reason of the Non-compliance of the Limited Owner with the Provisions of this Section.

FART II.

LEASING POWERS.

XXIV. The Expression " Limited Owner " as used in this Part of this Act shall, in addition to the Persons comprised under that Expression as hereinbefore defined, include any Body Corporate, any Corporation Sole, Ecclesiastical, or Lay, any Trustees for Charities, and any Commissioners or Trustees for ecclesiastical, collegiate, or other public Purposes, entitled, at Law or in Equity, in the Case of Freehold Land to the Fee Simple, and in the Case of Leasehold Land to a Lease for an unexpired Residue of not less than Sixty Years, or for a Term of Years or of Lives renewable for ever, or renewable for a Period of not less than Sixty Years, but the Term " Successor" shall have the same Meaning as it has in the first Part of this Act.

XXV. Any Limited Owner shall have Power to grant Agricultural Leases, Improvement Leases, Building Leases (including under the Term " Building Leases" "Repairing Leases, ") for any Term of Years absolute, or determinable at fixed Periods, subject to the following Restrictions :

(I.) No Improvement Lease shall be valid Nvithout the Sanction of the Chairman :

(2.) No Building Lease comprising more than Three Acres, or reserving a Rent of more than One hundred Pounds per Year, shall be valid without the Sanction of One of the Judges of the " Landed Estates Court, Ireland : " (3.) No other Building Lease shall be valid ^Yithout the Sanction of the Chairman :

(4.) The Term of any Agricultural Lease shall not exceed Twenty-one Years, and of an Improvement Lease shall not exceed Forty-one Years :

(5.) Every Agricultural Lease shall contain a Covenant on the Part of the Lessee— (1.) To manage, till, and use the Lands demised in due and regular Course of good Husbandry, so that the same be not in anywise injured or deteriorated :

(2.) Not to burn, or permit to be burned, any Part of the Soil or Surface of the Lands demised, without the previous Consent in Writing of the Landlord :

(6.) Every Improvement Lease shall contain a Covenant on the Part of the Lessee— (1.) To execute at liis own Expense, witliin a Time to be specified in such Lease, all or some of the Works defined to be Improvements under the Third Part of this Act :

(7.) Every Lease, whether an Agricultural, Improvement, or Building Lease, shall take effect in possession, and not in reversion, and there shall be reserved thereby the best yearly Rent, to be incidental to the immediate Reversion, that can reasonably be gotten, without taking anything in the Nature of a Fine, Premium, or Foregift : (8.) Every Lease, whether an Agricultural, Improvement, or Building Lease, shall contain a Condition of Re-entry for Nonpayment of the Rent thereby reserved : (9.) Every Lease, whether an Agricultural, Improvement, or Building Lease, that includes any Building, shall contain a Clause declaring whether the Landlord or the Tenant is bound to rebuild such Building in the Case

NOTES ET PIECES JUSTIFICATIVES. f)23

of the same being destroyed during any Part of llio Tenancy by Fire, Liglitning, or Tempest. ■ ('10.) The Lessee or Lessees shall execute a Counterpart of every Lease, whether an Agricultural, Improvement, or Building Lease, and shall thereby covenant for the due Payment of the Rent reserved :

Provided, firstly, that in the Case of an Improvement Lease the best Rent shall be deemed to be the highest Rent that can reasonably be gotten, having regard to the Improvements covenanted to be made by tlie Lessee ; secondly, tliat in the Case of a Building Lease a Peppercorn Rent, or any smaller Rent than the Rent to be ultimately made payable, may be reserved during all or any Part the first Five Years of the Term granted by such Lease ; thirdly, that the Execution of any Lease by the Lessor shall be deemed sufficient Evidence that a Counterpart of such Lease, as required l)y this Act, has been executed by the Lessee.

XXVL In order to obtain the Sanction of the Chairman of the Quarter Sessions of the County or of the "Landed Estates Court, Ireland " (both which Tribunals are hereinafter included under the Term " Court") to any Lease requiring such Sanction, the Lessor may submit to the Court, in such Manner as the Court may direct, a Copy of the proposed Lease, together with such Particulars as may be required by the Court for the Purpose of enabling it to decide upon the Propriety of giving its Sanction. XXVII. Previously to giving its Sanction, the Court shall make such Inquiries as to the Circumstances of the Land proposed to be leased and of the Parties interested therein as it thinks fit, and in the Case of a Lease proposed to be granted by an individual Limited Owner, shall cause Notice thereof to be served on the Successor and such other Persons, if any, as it thinks just. It shall hear all Persons interested in the Land who may apply to it to be heard. It may disapprove altogether, or may approve either witli or without Modification, of the Lease proposed, but if the Court approve of the Lease it shall give its Sanction thereto by Order thereon, or in such other Manner as it thinks fit; and it may make such Order respecting the Costs of the Application as shall seem to it to be just.

XXVIII. Any Lease granted in pursuance of this Act by an individual Limited Owner shall be valid against the Person granting the same, and against all Persons claiming under the same Settlement any Estate or Interest subsequent to the Estate or Interest of such Limited Owner, and any Lease granted in pursuance of this Act by any Limited Owner, being a Body Corporate, Corporation Sole, Trustees for Charities, Commissioners or Trustees for ecclesiastical, collegiate, or oilier public Purposes, shall bind all the Estate and Interest of such last-mentioned Limited ONvner.

XXIX. No Lease shall be granted under this Act of any Mansion House or Demesne Lands, except for the Term of the Minority of the Person for the Time being entitled in possession to such House and Lands, and with due Regard to the Preservation and Maintenance in a proper State of Repair of such House or Lands.

XXX. All Powers of leasing given by this Act shall be deemed to be in addition to any other Powers any Limited Owner may possess, and such Owner may exercise any other Power of leasing vested in him in the same Manner as if this Act were not passed.

FART III.