No. I.

the manor, or shall be unlawful, then such infant, feme covert, or lunatic shall be at liberty to controvert the legality of such fine, in such 1 W. 4, c. 65. manner as he or she might have done if this act had not been made.

veries are intended to be

suffered, &c.

XI. That it shall be lawful for any person, not being under coverture, Persons may and for every feme covert, (such feme covert being solely and secretly appoint attor examined by the lord of the manor whereof the land of which a common nies, &c. for recovery is proposed to be suffered shall be holden by copy of court roll, surrendering lands of which or in ancient demesne, or otherwise, or by his steward, or by the deputy of such steward,) to appoint any person to be his or her attorney, for the common recopurpose of surrendering the land of which a common recovery shall be proposed to be suffered, to the use of any person, to make him tenant to the plaint, and also to appoint any other person to appear for the person so appointing as vouchee, and to enter into the usual warranty, and to do all other lawful and necessary acts for the suffering and perfecting of such common recovery respectively, and to direct the demandant in such common recovery respectively to surrender the tenements so recovered, when or after such recovery shall be suffered and perfected, to such uses as shall be declared in the instrument by which such attorney shall be respectively appointed; and that the surrender and common recovery which shall be had, acknowledged, and suffered as aforesaid shall have the like effect, but no other, as such surrender and common recovery would have had if the party who shall acknowledge such surrender and suffer such common recovery by attorney, and give such directions as aforesaid, had appeared in court in his or her person, and acknowledged the said surrender, and suffered the same recovery, and had joined in the surrender to be made by such defendant.

same, &c.

XII. That in all cases where any person, being under the age of Guardians, of twenty-one years, or a feme covert, is or shall become entitled to any minors, &c. in lease or leases made or granted or to be made or granted for the life or order to the surlives of one or more person or persons, or for any term of years, either render and reabsolute or determinable upon the death of one or more person or per- newal of leases, sons, or otherwise, it shall be lawful for such person under the age of may apply to twenty-one years, or for his or her guardian or other person on his the court of behalf, and for such feme covert, or any person on her behalf, to apply and by order chancery, &c., to the court of chancery in England, the courts of equity of the counties may surrender palatine of Chester, Lancaster, and Durham, or the courts of great such leases, session of the principality of Wales respectively, as to land within their and renew the respective jurisdiction, by petition or motion in a summary way; and by the order and direction of the said courts respectively such infant or feme covert, or his guardian, or any person appointed in the place of such infant or feme covert by the said courts respectively, shall and may be enabled from time to time, by deed or deeds, to surrender such lease or leases, and accept and take, in the place and for the benefit of such person under the age of twenty-one years, or feme covert, one or more new lease or leases of the premises comprised in such lease surrendered by virtue of this act, for and during such number of lives, or for such term or terms of years determinable upon such number of lives, or for such term or terms of years absolute, as was or were mentioned or contained in the lease or leases so surrendered at the making thereof respectively, or otherwise as the said courts shall respectively direct.

surrender

&c.

XIII. That in all cases where any person, being lunatic, shall become Committees of entitled to any lease or leases made or granted or to be made or granted lunatics may in for the life or lives of one or more person or persons, or for any term like manner of years, either absolute or determinable upon the death of one or more person or persons, or otherwise, it shall be lawful for the committee of leases, and rethe estate of such person to apply to the lord chancellor of Great Bri- new the same, tain, being intrusted by virtue of the king's sign manual with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, by petition or motion in a summary way; and by the order and direction of the said lord chancellor, intrusted as aforesaid, such committee shall and may be enabled from time to time, by deed or deeds, in the place of such lunatic, to sur

No. I.

render such lease or leases, and accept and take, in the name and for 1 W. 4, c. 65. the benefit of such lunatic, one or more new lease or leases of the pre

Charges attending renewal to be charged on the estates as the

court shall di

rect.

New leases

same uses.

mises comprised in such lease or leases surrendered by virtue of this act, for and during such number of lives, or for such term or terms of years, absolute or determinable as aforesaid, as was or were mentioned or contained in the lease or leases so surrendered at the making thereof respectively, or otherwise, as the said lord chancellor, intrusted as aforesaid, shall direct.

XIV. That every sum of money and other consideration paid by any guardian, trustee, committee, or other person as a fine, premium, or income, or in the nature of a fine, premium, or income, for the renewal of any such lease, and all reasonable charges incident thereto, shall be paid out of the estate or effects of the infant or lunatic for whose benefit the lease shall be renewed, or shall be a charge upon the leasehold premises, together with interest for the same, as the said courts and lord chancellor, intrusted as aforesaid, respectively shall direct and determine; and as to leases to be made upon surrenders by femes covert, unless the fine or consideration of such lease and the reasonable charges shall be otherwise paid or secured, the same, together with interest, shall be a charge upon such leasehold premises, for the benefit of the person who shall advance the same.

XV. That every lease to be renewed as aforesaid shall operate and be shall be to the to the same uses, and be liable to the same trusts, charges, incumbrances, dispositions, devices, and conditions, as the lease to be from time to time surrendered as aforesaid was or would have been subject to in case such surrender had not been made.

Infants empowered to grant renewals of leases.

XVI. That where any person, being under the age of twenty-one years, or a feme covert, might, in pursuance of any covenant or agreement, if not under disability, be compelled to renew any lease made or to be made for the life or lives of one or more person or persons, or for any term or number of years absolute or determinable on the death of one or more person or persons, it shall be lawful to and for such infant, or his guardian in the name of such infant, or such feme covert, by the direction of the court of chancery, to be signified by an order to be made in a summary way upon the petition of such infant or his guardian, or of such feme covert, or of any person entitled to such renewal, from time to time to accept of a surrender of such lease, and to make and execute a new lease of the premises comprised in such lease, for and during such number of lives, or for such term or terms determinable upon such number of lives, or for such term or terms of years absolute, as was or were mentioned in the lease so surrendered at the making thereof, or otherwise, as the court by such order shall direct.

Court of chan- XVII. That where any person, being an infant under the age of cery may au- twenty-one years, is or shall be seised or possessed of or entitled to any thorize leases to land in fee or in tail, (1) or to any leasehold land for an absolute interest, be made of and it shall appear to the court of chancery to be for the benefit of such lands belonging person that a lease or under-lease should be made of such estates for to infants when terms of years, for encouraging the erection of buildings thereon, or for it is to the bene- repairing buildings actually being thereon, or the working of mines, or fit of the estate. otherwise improving the same, or for farming or other purposes, it shall

be lawful for such infant, or his guardian in the name of such infant, by the direction of the court of chancery, to be signified by an order to be made in a summary way upon the petition of such infant or his guardian, to make such lease of the land of such persons respectively, or any part thereof, according to his or her interest therein respectively, and to the nature of the tenure of such estates respectively, for such

(1) An estate of which H. E. died seised in fee descended to his five infant sisters. The father and mother being still living, and the estates of the sisters consequently liable to be divested by the birth of a son, or affected by the birth of a daughter: it was held that the infants were not seised or entitled within the above section. In re Evans, 2 Mylne & Keen, 318.

term or terms of years, and subject to such rents and covenants as the said court of chancery shall direct; but in no such case shall any fine 1 or premium be taken, and in every such case the best rent that can be obtained, regard being had to the nature of the lease, shall be reserved upon such lease; and the leases, and covenants and provisions therein, shall be settled and approved of by a master of the said court, and a counterpart of every such lease shall be executed by the lessee or lessees therein to be named, and such counterparts shall be deposited for safe custody in the master's office until such infant shall attain twenty-one, but with liberty to proper parties to have the use thereof, if required, in the meantime, for the purpose of enforcing any of the covenants therein contained; provided that no lease be made of the capital mansion house and the park and grounds respectively held therewith for any period exceeding the minority of any such infant.

No. I.

W. 5, c. 65.

XVIII. That where any person who, in pursuance of any covenant or If persons agreement in writing, might, if within the jurisdiction and amenable to bound to renew the process of the court of chancery, be compelled to execute any lease are out of the by way of renewal, shall not be within the jurisdiction or not amenable jurisdiction of to the process of the said court, it shall be lawful to and for the said the court, the renewals may court of chancery, by an order to be made upon the petition of any per- be made by a son or any of the persons entitled to such renewal, (whether such person be or be not under any disability,) to direct such person as the said ed by the court person appointcourt shall think proper to appoint for that purpose, to accept a surren- of chancery, in der of the subsisting lease, and make and execute a new lease in the name the name of the of the person who ought to have renewed the same; and such deed, person who executed by the person to be appointed as aforesaid, shall be as valid as ought to have if the person in whose name the same shall be made had executed the renewed. same, and had been alive and not under any disability; but in every such case it shall be in the discretion of the said court of chancery, if under the circumstances it shall seem requisite, to direct a bill to be filed to establish the right of the party seeking the renewal, and not to make the order for such new lease unless by the decree to be made in such cause, or until after such decree shall have been made.

of surrenders, and make new

leases.

XIX. That where any person, being lunatic, is or shall be entitled or Committees of has a right, or in pursuance of any covenant or agreement might, if not lunatics, by the under disability, be compelled to renew any lease made or to be made direction of the for the life or lives of one or more person or persons, or for any term or lord chancelnumber of years absolute or determinable on the death of one or more lor, may accept person or persons, or otherwise, it shall be lawful to and for the committee of the estate of such lunatic, in the name of such lunatic, by the direction of the lord chancellor, intrusted as aforesaid, to be signified by an order to be made in a summary way upon the petition of such committee, or of any person entitled to such renewal, from time to time to accept of a surrender of such lease, and to make and execute to any person a new lease of the premises comprised in such lease to be surrendered by virtue of this act, for and during such number of lives, or for such term or terms of years determinable upon such number of lives, or for such term or terms of years absolute, as were mentioned or contained in such lease so surrendered at the making thereof, or otherwise, as the lord chancellor, intrusted as aforesaid, by such order shall direct'; and this provision shall extend as well to cases where the lunatic shall not be compellable to renew; but it shall be for his benefit to do so as to cases where a renewal might be effectually enforced against the lunatic if of sound mind.

XX. Provided always, That no renewed lease shall be executed by Fines to be paid virtue of this act, in pursuance of any covenant or agreement, unless before renewthe fine (if any), or such other sum or sums of money (if any), as ought als, and counto be paid on such renewal, and such things (if any) as ought to be terpaits are experformed in pursuance of such covenant or agreement by the lessee or ecuted, tenant, be first paid and performed; and counterparts of every renewed lease to be executed by virtue of this act shall be duly executed by the lessee.

No. I.

XXI. That all fines, premiums, and sums of money, which shall be 1 W. 4, c. 65. had, received, or paid for or on account of the renewal of any lease, after a deduction of all necessary incidental charges and expences, shall Premiums how be paid, if such renewal shall be made by or in the name of an infant, to be paid. to his guardian, and be applied and disposed of for the benefit of such infant, in such manner as the said court shall direct; if such renewal shall be made by a feme covert, to such person or in such manner as the court shall direct for her benefit; if such renewal shall be made in the name of any person out of jurisdiction or not amenable as aforesaid, to such person or in such manner, or into the court of chancery to such account, and to be applied and disposed of as the said court shall direct; and if such renewal should be made in the name of a lunatic, to the committee of the estate of such lunatic, and be applied and disposed of for the benefit of such lunatic, in such manner as the lord chancellor, intrusted as aforesaid, shall direct; but upon the death of lunatic, money such lunatic, all such sum and sums of money as shall arise by such arising by such fines or premiums, or so much thereof as shall remain unapplied for fines to be con- the benefit of such lunatic at his death, shall, as between the represen

On death of

sidered real

estate.

altered.

tatives of the real and personal estates of such lunatic, be considered as real estate, unless such lunatic shall be tenant for life only, and then the same shall be considered as personal estate.

The Irish Act, XXII. And whereas by the said act passed in the parliament of 11 Anne, c. 3, Ireland in the eleventh year of the reign of Queen Anne, after reciting continued un- that several persons had theretofore made and thereafter might make leases for one or more life or lives, of several lands, tenements, and hereditaments in the said then kingdom of Ireland, with covenants and agreements in such leases for renewing the same from time to time on the tender and payment of some fine, certain on the death of any life or lives in such lease or leases mentioned, by adding such one or more life or lives, on failure of the life or lives in being within the respective times in such agreements and covenants mentioned, as the several lessee or lessees in such lease or leases should nominate; and also reciting, that through one pretence or other, on the fall or failure of any life or lives in being, the lessee or lessees were greatly delayed before he or they could obtain any renewal according to the covenants and agreements in their leases, to their very great discouragement; for remedy whereof it was enacted, that if it should so happen that any person or persons who, in pursuance of such agreements for renewal in such leases contained or to be contained, ought to make such new lease or leases as had been or should be agreed to be made, should be under any disability so to do, by reason of infancy, coverture, or non compos mentis, that then and in every such case, (that is to say,) in case of disability by reason of infancy or being under age, by the direction of the high court of chancery or the court of exchequer, signified by an order made upon hearing all parties concerned on the petition of such lessee or lessees, it should and might be lawful to and for the guardian or guardians of such infant or person under age, upon such lessee or lessees tendering the fine or fines agreed on in such lease, and performing all such matters and things as by the said covenants and agreements ought to be performed on his or their part and behalf previous to such renewal, in such manner as should by such order be directed, to renew such lease or leases by adding such new life or lives as should be named by the said lessee or lessees according to the said covenants and agreements, and such guardian or guardians were thereby required to renew such lease or leases by putting in such new life or lives as should be so named unto them as aforesaid, while the infant or minor of such guardian or guardians should be under such disability of infancy or under age; and it was further enacted, That in all cases where the person or persons who by covenant or agreement were obliged to make such renewals were or should be disabled to renew by reason of being under coverture, beyond the seas, or non compos mentis, it should and might be lawful to and for the lord chancellor or commissioner or com

No. I.

missioners of the great seal of the said then kingdom of Ireland for the time being, upon petition or complaint made to him or them in the 1 W. 4, c. 65. high court of chancery, upon payment of the fine and such other sum or sums of money as ought to be paid upon such renewal for the use of the person or persons entitled to the same, and upon the lessee or lessees doing and performing all and every such matters and things as by the said covenants or agreements in the said lease or leases ought to be done or performed by him or them previous to such renewal, to order or appoint such renewal or renewals to be made by one of the masters of the said court of chancery, to be nominated and appointed by the said lord chancellor or commissioner or commissioners of the great seal for the time being; and such master so nominated and appointed, and also such guardian and guardians as aforesaid, should make and execute such deed of renewal in the name of the person or persons who ought to have renewed the same; which deed or deeds of renewal so made and executed by the said guardian or guardians, master or masters, counterparts thereof being duly perfected by the lessee or lessees for the use and benefit of the person or persons having the reversion and inheritance of such lands, tenements, or hereditaments comprised in such deed or deeds, should be as good and effectual in law and equity, to all intents and purposes, as if the person or persons under age had been of full age and had executed the same, or as if the other person or persons under such disability had not been so disabled and had executed the same; provided such person or persons under age or under such disability as aforesaid were at the time of the renewal of such lease compellable in law or equity to make such renewal : And whereas it is expedient that the provisions of the said recited act, which have been so long in force in Ireland, should remain unaltered; be it therefore further enacted, That the clauses and provisions contained in the said act shall be and continue in force in the same manner to all intents and purposes as if the said clauses and provisions, and every part thereof, had been repeated and re-enacted in this act; and none of the other provisions in this act contained for authorizing any surrenders to be accepted, or any new lease to be made or executed, for or on the behalf of any person who, in pursuance of any covenant or agreement for renewal in any lease contained or to be contained, ought to make such new lease or leases, shall extend or be construed to land in Ireland.

XXIII. That where any person, being lunatic, is or shall be seised The power of or possessed of any land, either for life or for some other estate, with leasing lands, power of granting leases and taking fines, reserving small rents on such &c. of lunatics leases, for one, two, or three lives in possession or reversion, or for some having a limited number of years determinable upon lives, or for any term of years abso- estate may be lutely, such power of leasing which is or shall be vested in such person, executed by the being lunatic and having a limited estate only, shall and may be executed by the committee of the estate of such person, under the direction and order of the lord chancellor, intrusted as aforesaid.

committee.

absolute inter

e-tates, the

. XXIV. That where any person, being lunatic, is or shall be seised or Where lunatics possessed of or entitled to any land in fee or in tail, or to any lease- are seised of hold land for an absolute interest, and it shall appear to the lord chan- estates in fee or cellor, intrusted as aforesaid, to be for the benefit of such person that in tail, or an a lease or under-lease should be made of such estates for terms of years, est in leasehold for encouraging the erection of buildings therein, or for repairing buildings actually being thereon, or otherwise improving the same, chancellor may or for farming or other purposes, it shall be lawful for the lord chan- direct leases to cellor, intrusted as aforesaid, to order and direct the committee of the be made. estate of such lunatic to make such lease of the land of such persons respectively, or any part thereof, according to his or her interest therein respectively, and to the nature of the tenure of such estates respectively, for such term or terms of years, and subject to such rents and covenants, as the lord chancellor, intrusted as aforesaid, shall direct. XXV. And whereas by an act passed in the first year of the reign 1 G. 1, c. 10,

So much of