terms and conditions as the Treasury approve, and the same may be conveyed to and held by the corporation accordingly.

(2.) The provisions of the Lands Clauses Consolidation Acts, 1845, 1860, and 1869, relating to the purchase of land by agreement, and to agreements for sale, and conveyances, sales, and releases of any lands or hereditaments, or any estate or interest therein by persons under disability, shall extend to all purchases of land under this section.

Restrictions on alienation of Corporate Land without approval of Treasury.

108. (1.) The council shall not, unless authorized by Act of Parliament, sell, mortgage, or alienate any corporate land without the approval of the Treasury.1

(2.) The council shall not, unless authorized by Act of Parliament, lease or agree to lease any corporate land without the approval of the Treasury, except as follows:2— (a.) They may make a lease or agreement for a lease for a term not exceeding thirty-one years from the date of the lease or agreement, so that there be reserved and made payable during the whole of the term such clear yearly rent as to the council appears reasonable, without any fine.

b.) They may make a lease or agreement for a lease for a term not exceeding seventy-five years from the date of the lease or agreement, and either at a reserved rent or on a fine, or both, as the council think fit,—

(i.) Of tenements or hereditaments, the greater part of the yearly value of which, at the date of the lease or agreement, consists of any building or buildings; or

(ii.) Of land proper for the erection of any houses or other buildings thereon, with or without gardens, yards, curtilages, or other appurtenances to be used therewith; or

(iii.) Where the lessee or intended lessee agrees to erect a building or buildings thereon of greater yearly value than the land,-of land proper for gardens, yards, curtilages or other appurtenances to be used with any other house or other

building erected or to be erected on any such land, belonging either to the corporation or to any other proprietor, or proper for any other purpose calculated to afford convenience or accommodation to the occupiers of any such house or building.

1 With regard to the sale, mortgage, &c., of corporate land with the approval of the Treasury, see sec. 109.

The municipal corporation of a borough being a seaport in the United Kingdom may, with the consent of her Majesty's Secretary of State for the Home Department, appropriate lands vested in them, or in trustees for them, as a site for a Sailor's Home, and may either retain the same accordingly or convey the same to trustees (17 & 18 Vict., c. 104, s. 546).

The Military Forces Localization Expenses Act, 1872 (35 & 36 Vict., c. 72), by section 10, provides that the council of any municipal borough may transfer to the Secretary for State for the purposes of that Act, upon such terms, and with or without payment of a pecuniary consideration, as they think expedient, any barracks, storehouses for arms or ammunition, or other buildings held for the public use or purposes of the borough. See also sec. 8 of the 36 & 37 Vict., c. 68, as to buildings transferred under that section.

As to the purchase by the Secretary of State of town halls, court-houses, or other rooms, which are situate within the curtilage of a prison, or forming part of a prison, and were used for the holding of assizes, &c., see sec. 49 of the 40 & 41 Vict., c. 21.

See also the exception in sec. 128 as to the sale, &c., of corporate lands in pursuance of an agreement made on or before the 5th of June, 1835, or of a resolution entered in the books of a body corporate on or before that day.

2 This enactment is subject to the provisions of sec. 110 as to the renewal of leases in certain cases.

With regard to the leasing of land with the approval of the Treasury, see sec. 109.

Power to dispose of Land with approval of Treasury.

109. The council may, with the approval of the Treasury, dispose of any corporate land either by way of absolute sale, or by way of exchange, mortgage, charge, demise, lease, or otherwise, in such manner and on such terms and conditions as the Treasury approve.

With respect to the sale, mortgage, alienation, or leasing of corporate lands in certain cases without the approval of the Treasury, see secs. 108, 110, and 128, and notes on those sections.

As to applications to the Treasury for their approval, see sec. 236.

With regard to the conditions that may be imposed by the Treasury as to the investment or application of the proceeds of the sale or exchange of corporate land, see secs. 115 and 116.

A corporation may make grants of land, with the approval of the Treasury, for recreation grounds (22 Vict., c. 27); and as to the appropriation of land vested in the mayor, aldermen, and burgesses, for public baths and washhouses, see 9 & 10 Vict., c. 74, s. 24. See also sec. III of this Act as to sites for working men's dwellings.

Council may renew Leases, &c.

110. In the following cases,―

(a.) Where a body corporate of a borough was on the fifth of June one thousand eight hundred and thirty-five bound or engaged by any covenant or agreement, expressed or implied, or was enjoined by any deed, will, or other document, or was sanctioned or warranted by ancient usage or by custom or practice, to make any renewal of any lease for years, or for life or lives, or for years determinable with any life or lives at any fixed or determinate or known or accustomed period, or after the lapse of any number of years, or on the dropping of any life or lives, and years determinable after the lapse of any number of years, at a fine certain, or under any special or specific terms or conditions:

(b.) Where a body corporate of a borough theretofore ordinarily made renewal of any lease for years, or for life or lives, or for years determinable with any life or lives at any fixed or determinate. or known or accustomed period, or after the lapse of any number of years, or on the dropping of any life or lives, on the payment of an arbitrary fine,

Then, notwithstanding anything in this Act, the council of a borough may renew the lease for such term or number of years, either absolutely or determinable with any life or lives, or for such life or lives, and at such rent, and on the payment of such fine or premium, either certain or arbitrary, and with or without any covenant for the future renewal thereof, as the council could or might have done if this Act had not been passed.

It was held in Attorney-General v. Corporation of Great Yarmouth, 21 Beav. 625, that the similar provision in the 95th section of the 5 & 6 Wm. 4, c. 76, which enabled municipal corporations to renew leases on a fine in cases where sanctioned by ancient usage, or by custom or practice "at a fine certain," or where they have "ordinarily made renewal" upon an arbitrary fine was to be construed liberally, as it was an enabling clause, and was meant to empower a corporation to do what might be, morally, if not legally, just towards their tenants or lessees. The word "renew" is not, however, to be construed as meaning nothing more than the grant of a new lease to the holder of the former lease in respect of his occupation of the land under that lease. Although the lease which is to be renewed need not be precisely in all its terms and conditions the same as the lease that

preceded it, in substance it must be the same, or there must be such a species of uniformity as to show that in point of fact it is the same lease which is renewed. Leases were granted by a corporation of the same property in 1778, in 1798, and 1824 to the same lessee and his assigns for 21 years at a rent of 55. In the last two instances alone a fine of 75. 6d. had been taken. The covenants varied, and there was an interval of six years between the second and third leases, during which time there was a yearly tenancy. It was held that the lease of 1824 was not a renewal of the former lease, but a distinct and separate lease, and that a renewal could not be granted at an under-value and on a fine. Attorney-General v. Corporation of Great Yarmouth, 21 Beav. 625.

WORKING MEN'S DWELLINGS.

Sites for Working Men's Dwellings.

111.—(1.) If a municipal corporation determines to convert any corporate land into sites for working men's dwellings, and obtains the approval of the Treasury for so doing, the corporation may, for that purpose, make grants or leases for terms of nine hundred and ninety-nine years, or any shorter term, of any parts of the corporate land.

(2.) The corporation may make on the land any roads, drains, walls, fences, or other works requisite for converting the same into building land, at an expense not exceeding such sum as the Treasury approve.

(3.) The corporation may insert in any grant or lease of any part of the land (in this section referred to as the site) provisions binding the grantee or lessee to build thereon as in the grant or lease prescribed, and to maintain and repair the building, and prohibiting the division of the site or building, and any addition to or alteration of the character of the building, without the consent of the corporation, and for the re-vesting of the site in the corporation, or its reentry thereon, on breach of any provision in the grant or lease.

(4) Every such provision shall be valid in law to all intents, and binding on the parties.

(5.) All costs and expenses incurred or authorized by a corporation in carrying into execution or otherwise in pursuance of this section, shall be paid out of the borough fund and borough rate, or by money borrowed by the cor

poration under this Part.

(6.) In this section the term working men's dwellings means buildings suitable for the habitation of persons employed in manual labour and their families; but the use

of part of a building for purposes of retail trade or other purposes, approved by the council, shall not prevent the building from being deemed a dwelling.

As to applications for the approval of the Treasury, see sec. 236.

Schedule VIII. p. 238, contains the following forms relating to working men's dwellings, viz. :-Form of grant by corporation, of transfer of grant, of lease by corporation, and of assignment of lease.

REPAYMENT OF LOANS.

Power for Treasury to impose conditions as to Repayment of Money Borrowed.

112.-(1.) Where the Treasury approve a mortgage or charge under this Part they may, as a condition of their approval, require that the money borrowed on the security of the mortgage or charge be repaid, with all interest thereon, in thirty years, or any less period, and either by instalments or by means of a sinking fund, or both.

(2.) In that case the sums required for providing for the repayment of the principal and interest of the money borrowed shall be by virtue of this Act a charge on all or any of the following securities, namely, the land comprised in the mortgage (without prejudice to the security thereby created), or any other corporate land, or the borough fund, or the borough or other rates legally applicable to payment of the money borrowed or of the expenses which the money is borrowed to defray, as the Treasury direct.

As to the raising of money by a corporation by loan, see secs. 106, III (5), and 119.

For provisions when money borrowed is directed to be repaid by means of a sinking fund, see sec. 113.

See also sec. 126 as to schemes respecting mortgage debt incurred before the 15th of May, 1860, for the discharge of which no adequate provision then existed, and sec. 127, as to the consolidation of debts incurred before the date referred to.

Provisions as to Sinking Fund.

113.-(1.) Where money borrowed under this Part is directed to be repaid by means of a sinking fund, the council shall, out of the rents and profits of the land on which, or out of the borough fund or rates on which, the sums required for the sinking fund are charged under this Act, invest such sums, at such times, and in such govern