Leases for Schools (Ireland) Act, 1881

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LEASES FOR SCHOOLS (IRELAND) ACT, 1881

CHAPTER 65.

An Act to facilitate leases of land for the erection thereon of Schools and Buildings for the promotion of Public Education in Ireland. [27th August 1881.]

WHEREAS it is expedient to provide greater facility for obtaining leases of land of sufficient duration to enable the erection of schools and teachers residences for the purposes of public education in Ireland:

Be it therefore enacted by the Queen’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, as follows:

Interpretation of terms.

1. In the construction of this Act the words “grantor,” “lessor,” and “person” shall extend to and include any body corporate.

The word “entitled” shall mean entitled either legally or equitably.

The word “settlement” shall mean every assurance or connected set of assurances, whether by articles, agreement, deed, will, Act of Parliament, or otherwise, by which lands are or shall be limited in a course of settlement or be agreed so to be settled.

The words “public education” shall include education provided in return for periodical payments as well as purely gratuitous or free education.

Power of making lease.

2. Every person herein-after described entitled in possession to any estate or interest herein-after specified in lands in Ireland, or to the receipt of the income thereof, whether or not such estate or interest shall be subject to any mortgage or other incumbrance (provided the mortgagee or incumbrancer shall not be in possession), shall have power to make leases of any part of the said lands (other than the mansion house and demesne or pleasure grounds usually occupied with such mansion house), and not exceeding in the whole one statute acre for the purposes and periods of time and subject to the covenants and condition herein-after provided (that is to say):

(a.) Her Majesty the Queen and her successors and the Commissioners of Woods and Forests:

(b.) Tenants in fee simple or fee farm, or in tail general or special, or in quasi entail:

(c.) Tenants for their own lives or pur autre vie:

(d.) Married women entitled to any estate above described under letters (a.), (b.), and (c.) for their separate use, and whether restrained or not from anticipation:

(e.) Tenants by the courtesy of England:

(f.) Husbands seized in right of their wives or by entireties with their wives, provided every such wife shall be a concurring party in any lease under their act:

(g.) Corporations lay, eleemosynary, and collegiate, whether aggregate or sole:

(h.) Trustees of charities or for public purposes, provided any lease to be made by any such trustees under this Act shall be approved of under the seal of the Commissioners of Charitable Donations and Bequests for Ireland:

(i.) Trustees under any will or settlement, provided that no lease to be made under this Act by any such trustees shall be valid without the consent in writing of any person whose consent may be requisite under such will or settlement to the exercise of any power of sale or exchange or any leasing power therein contained.

Provision in case of disability.

3. In case any person (not being a trustee) who would be entitled to make a lease under this Act shall happen to be under any of the disabilities herein-after mentioned, the power to lease under this Act shall be exercised in his or her name or behalf in the following manner; (that is to say), if an infant, by his or her guardian or guardians, or by the Lord Chancellor of Ireland, if such person have no guardian; if lunatic or idiot or non compos mentis, then by the committee of the estate, and if there shall be no such committee then by the Lord Chancellor of Ireland: Provided always, that no such lease of land belonging to any infant, lunatic, idiot, or person non compos mentis shall be valid without the consent of the Lord Chancellor of Ireland obtained by a summary petition to him by some person interested.

Limitation of lease.

4. A lease under this Act may be made of any quantity of land not exceeding one acre statute measure for a site for a school or schools and playground, or other accommodation in connexion therewith, or for teachers residences, for any term not exceeding nine hundred years, nor less than ninety-nine years, at a nominal rent.

Covenants implied.

5. Every such lease shall imply the following covenants, conditions, and agreements as fully as if they were therein expressly inserted on the part of the lessees or grantees in such lease and their successors, or, as the case may be, their heirs, executors, administrator, or assigns, that is to say:

(1.) Covenant to expend upon the promises demised the sum agreed on as the consideration for the lease within a period to be specified in such lease commencing from the date thereon:

(2.) To pay the rent, and all taxes and impositions payable on the tenant’s part:

(3.) To repair, maintain, and keep the demised premises and all improvements thereon in good repair during the term:

(4.) That the said premises shall not be used or applied for any other purposes than those to be expressed in the lease:

Conditions (5) that if the demised premises shall for a period of three years continuously cease to be used for any of the said expressed purposes, it shall be lawful for the lessor, or his, her, or their successors in estate, to re-enter; and (6) that it shall also be lawful for the said lessor, his, her, or their successors in estate, at all times to enter and inspect the premises (and all such implied covenants and conditions shall enure for the benefit of the persons who would, if no such lease had been made, have been entitled for the time being to the possession of the lands therein comprised, or the receipt of any rents thereof).

Form of lease.

6. Every lease made under this Act shall be by indenture sealed and delivered in the presence of at least one witness, and a counterpart of such lease shall be executed by the grantees or lessees therein named, and delivered to the lessor or grantor.

Effect of lease.

7. Every lease made pursuant to this Act shall be effectual to bind the lessor or grantor and his, her, and their successors, heirs, executors, and administrators and assigns, and all persons deriving under the same, title or settlement as the said lessor or grantor, and notwithstanding any entail, law, or custom to the contrary, and whether or not there shall be any leasing power contained in any such settlement by deed or will, or belonging or annexed to the estate of such grantor or lessor, but so as not to prejudice or interfere with any such other power.

Short title.

8. This Act may be cited as the Leases for Schools (Ireland) Act, 1881.