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WHEREAS the ends proposed by the abovementioned act, have been frustrated by the death of his grace John, late archbishop of Dublin, and by the omission of such persons as were by the said act impowered to take leases during the life-time of the said archbishop: and whereas the first or immediate tenant under the see of Dublin, of the plot of ground herein after mentioned, being part of the farm of Saint Sepulchre’s, in the county of Dublin, adjoining said city, hath not renewed with the archbishop of Dublin, as hath been heretofore customary, and has suffered eight years of the lease under said see to expire, although several persons holding under such first tenant, in confidence of a permanent tenure, by virtue of toties quoties covenants in their respective leases, have built houses, and expended very large sums of money on the said plot of ground: and whereas by such omission to renew, there is great danger, that the several houses on the said plot of ground, may, on account of the shortness of the present tenure for which they are held, being but twenty one years, of which thirteen only are unexpired, become ruinous and untenanted, to the detriment of the said see, and annoyance to one of the principal approaches to the city of Dublin; And whereas many persons are deterred from laying out farther sums of money, by the shortness and uncertainty of said tenure, by which the improvement of said see, and of the metropolis is greatly retarded; therefore be it 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, and by the authority of the same, That from and after the passing of this act, notwithstanding any lease or leases in being, it shall and may be lawful for his grace the archbishop of Dublin, and his successors respectively, to grant to the tenants of the said plot or any of them having a toties quoties clause under said see, any concurrent or other lease or leases in the manner herein after set forth, of all or any part or parts of said plot of ground, being parcel of said farm, bounded on the south by a part of the circular road, on the north by Cuff-street and a part of Saint Stephen’s-green, on the west by Kevan’s-street leading to Milltown, and on the east by the road from Saint Stephen’s-green to Donnybrook, for any term not exceeding forty years, and that it shall and may be lawful for the said archbishop and his successors respectively, from time to time, to renew the same for a like term of forty years: provided that the rent to be reserved to the said archbishop and his successors, by such lease or leases, and upon each and every renewal and renewals thereof, be so soon as the same shall take effect in possession, not less than a full acreable proportion of double the highest annual rent payable out of the whole of the said farm of saint Sepulchre’s, to the said archbishop and his predecessors for twenty years last past; any law or statute to the contrary notwithstanding.
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Tenants deriving immediately from archb. shall from it Feb. 1782, for 3 month, have sole power of taking a lease under this act,
and on omission for said 3 months, then right to take such lease devolve on ad tenant;
and on omission in such tenant for 1 month, the said right devolve on third tenant, and so on to under tenants for their respective holding.
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II. Provided also, and be it enacted by the authority aforesaid, That the tenant deriving first or immediately under the said archbishop or his successors, his or her executors, administrators, and assigns, shall for the space of three calendar months from the first day of February one thousand seven hundred and eighty two, have the sole and exclusive power of taking any lease or leases from said archbishop or his successors, by virtue of this act, and if he or the, his or her executors, administrators, and assigns, shall omit to take such lease or leases within said time of three calendar months, that then the power of taking such lease or leases from said archbishop or his successors, shall devolve upon the next or second tenant or tenants deriving under the said see, his, her, or their executors, administrators, and assigns, according to his, her, or their respective proportions of the said plot of ground; and in case of a like omission or failure in the second tenant or tenants, his, her, or their executors, administrators, or assigns, for the space of one month, that then the said power of taking such lease or leases from the said archbishop or his successors, shall devolve for a like space of one month on the third tenant or tenants, his, her, or their executors, administrators, or assigns, according to his, her, or their respective proportions as aforesaid, and so on for a like time to the fourth, fifth, sixth, and other intermediate derivative tenants, their executors, administrators, and assigns, so that the first or immediate tenant shall have during three calendar months, an exclusive power of taking such lease of the whole of said plot as is permitted by this act, and each and every other tenant or tenants in gradation, according to their respective proportions in the said plot of ground, shall have during one calendar month each successively an exclusive power of taking such lease and leases as is or are permitted by this act from said archbishop and his successors respectively; and in case the immediate and intermediate derivative tenants, their executors, administrators, and assigns, shall omit to take such lease or leases within the time so successively limited to each of them exclusively, that then the lowest tenant or tenants being in actual possession of any part of said plot, and having a toties quoties clause, his, her, or their executors, administrators, or assigns respectively, shall, during the residue of the term at present subsisting, have the sole and exclusive power of taking such lease or leases for such part or proportion only as he, The, or they shall be in the actual enjoyment, occupation, and possession of at any time that the said archbishop, or any of his successors shall think proper to grant said lease or leases as aforesaid.
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All persons taking leases under this act, subject to renewal covenants to their under tenants, as in former leases.
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III. Provided always, and be it enacted by the authority aforesaid, That every person or persons, his, her, or their executors, administrators, and assigns, who shall obtain any lease pursuant to this act, shall be subject to the like covenant or covenants of renewal to his, her, or their under-tenant or tenants, as such person or persons, his, her, or their executors, administrators, and assigns, shall have been subject to at or immediately before the time of obtaining such lease or leases pursuant to this act.
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