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19 G. 2. (I.) c. 16. ∥ 1. 35 G. 3. (I.) c. 23. ∥ 2. 15 G. 2. (I.) c. 5. 35 G. 3. (I.) c. 23. Power of granting Leases.
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‘Whereas by an Act made by the parliament of Ireland in the Fifteenth Year of the Reign of His late Majesty King George the Second, intituled An Act to enable Archbishops and Bishops to demise part of their Demesne Lands and to change the Scite of their Mansion Houses; and also by an Act made by the said Parliament in the Nineteenth year of the said Reign, entitled An Act for amending the Laws in Relation to Demesne Lands belonging to Archbishops, and in relation to the Building of New Parish Churches ; Provision was made for the Appointment of Commissioners to be empowered to view the Demesne or Mensal Lands belonging to any Archbishop or Bishop of the said Kingdom of Ireland, to cause Surveys to be taken and Maps to be made thereof respectively, and in such Maps in distinguish and set apart such Part of such Lands in any Diocese for which such Commissioners should be appointed, as to them should appear fit and sufficient (not less than Two hundred and fifty Acres Plantation Measure), as and for a Demesne for the Archbishop or Bishop of such Diocese and his Successors, and to certify the same in the manner and to the Persons by the said Act directed: And whereas Power was given by the said Act to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, in the case of an Archbishop and in the case of Bishop to the Archbishop of the Province wherein the Diocese of such Bishop was situate in manner therein prescribed, and after Return being so made by Commissioners as aforesaid to set out and settle a proper Demesne for such Archbishop or Bishop respectively, not containing less that Two hundred and fifty Acres Plantation Measure, which Lands, so set out as Demesne or Menial Lands should always from thenceforth be esteemed and taken to be the Demesne or Mensal Lands belonging to the said Archbishop or Bishop and his Successors respectively: And it was by the said Act farther enacted, That it should and might be lawful to and for any Archbishop or Bishop, and for Successors of any such Archbishop or Bishop, for whom a Demesne was in such manner set apart, to demise the remaining Part of Demesne or Mensal Lands to such Archbishop or Bishop belonging, for such Term and Terms as is thereinafter mentioned; that is to say, all such Lands as do lie within any Town Corporate, or Market Town, or within Half a Mile thereof, for any Term not exceeding forty Years in Possession, and all the Reft and Residue of such Lands for such Term of Years as by the Laws then in being he was empowered to demise other Lands to such Archbishop or Bishop belonging; provided always, that the full yearly Value of the Lands so to be demised at the time of leasing or demising the same without any Fine, should be always reserved to the Archbishop or Bishop demising the same, and his Successors, upon every such Demise: And whereas by another Act, made by the Parliament of Ireland in the Thirty fifth Year of the Reign of His present Majesty, intituled An Act to explain and amend an Act passed in the Tenth and Eleventh Years of the Reign of King Charles the First, intituled, An Act for Preservation of the Inheritance, Rights and Profits of Lands belonging to the Church and Ecclesiastical, it is enacted, That it should and might be lawful to and for Archbishops, Bishops, Deans, Deans and Chapters, et cetera, et cetera, from time to time to accept of a Surrender or Surrenders of any Lease or Leases of any Lands or Hereditaments, and thereupon to demise such Lands of other Hereditaments belonging to their respective Sees, Churches, et cetera (the Dwelling Houses used for any their respective Habitations and Demesne Lands thereunto belonging, and therewith used and occupied as the Demesnes of their said Houses, only expected), unto the Person or Persons in such Manner and Form as by the therein recited Act of the Tenth and Eleventh of King Charles the First, or by any other Act then in force, they were enabled to do; provided, that the Yearly or Profits which should be reserved upon every such Lease thereafter to be made should not be less than the yearly Rent or Profits paid and payable thereout for the last Twenty Years preceding the making of such Lease: And whereas Commissions have issued, and Demesnes have been set apart, pursuant to the Provisions of the said First recited Act of the Fifteenth Year of His late Reign in some Dioceses of the said Kingdom of Ireland, and Leases for Terms not exceeding Twenty one Years have at various times been made of the remaining Mensal Lands in such Dioceses respectively, which Leases or several of them are now subsisting, and Doubts have been entertained, notwithstanding the Provisions of the said recited of the Thirty fifth Year of Reign of His present Majesty, whether if Surrenders were made and accepted of the said Leases so granted as aforesaid of the siad Lands as aforesaid, and if new Leases were granted thereof, such Leases would be considered valid and effectual in the Law, which Doubts are prejudicial to the Interests both of Archbishops and Bishops to whom such Lands so demised do respectively belong, and also of the Tenants to whom they are so demised, and it is expedient that the said Doubts should be removed, and that Power should unequivocally be given to the said Archbishops and Bishops to accept of Surrenders of Leases so made, and to demise again the said Lands as by the said recited Act of the Thirty fifth Year of His present Majesty’s Reign is provided:’ Be it therefore enacted by the King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, any by the Authority of the same, That, from and immediately after the passing of this , it shall and may be lawful to and for any Archbishop or Bishop in Ireland haveing belonging to him Mensal Lands so seperated from a sufficient and actual Demesne (not less than Two hundred and Fifty Acres), as by the said recited Act of the Fifteenth Year of His late Majesty’s Reign is provided, and for his Successors from time to time, to accept of a Surrender or Surrenders of each and every or any of the Leases heretofore made and now outstanding, or which shall hereafter be made of all or any Part of the said Mensal Lands (so belonging to him, and over and above the Demesne so set out for him and his Successors as by the said recited Acts of the Fifteenth and Nineteenth Years of His late Majesty’s Reign is directed and appointed), with their and every of their Appurtenances, and thereupon to demise and lease the same, or any Part or Parts thereof, unto any Person or Persons whomsoever, for any Term not exceeding Twenty one Years from the time of making such Lease or Leases, provided that there be reserved upon every such Lease, hereafter to be made, a yearly Rent not less than the yearly Rent paid and payable thereout for the last Twenty Years preceding the making of such Lease; any thing in the said recited Acts of the Fifteenth and Nineteenth Years of the Reign of His late Majesty King George the Second to the contrary thereof in any wife notwithstanding.
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