Page:Prerogatives of the Crown.djvu/224

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204 Revenue. [Ch.XI. Sec. L mer, for any longer term than eleven years (a). The tenant must also be made liable to be punished for committing waste ; and a fair and reasonable rent must be reserved (6). The 8th section of the Act excepts its operation in the cases of grants, &c. in the duchy of Cornwall, according to statute 12 andl 3 Wm. 3. c. 13. of grants and restorations of forfeited estates; of grants, &c. of lands seized on outlawry or Crown process ; of grants and admittances which of right or custom ought to be made of copyholds, parcel of Crown manors ; and in the case of trustees for sale of fee-farm and other rents ac- cording to certain statutes (c). By the 34; Geo. 3. c. 75. the King may grant lands for building for any term not exceeding ninety-nine years or three lives at certain fines and rents, and on certain terms (fZ) : and Crown leases are not to be renewed, till within a certain number of years prior to their expira- tion {e). The statutes do not however prevent an exchange of Crown lands for lands of equal value (/). And by the 39 and 40 Geo. 3. c. 88. exceptions are made to these statutable provisions and restrictions, in the case of lands and tenements purchased by the Crown out of the privy purse, or other monies not ap- propriated to any public service ; or which come to the King or his successors, &c. by the gift or devise of, or by descent, or otherwise, from his ancestors or private persons. These his Majesty may grant, sell, give or devise, as his subjects may their property : but if not entirely disposed of by grant, will or otherwise, the same, or the estate therein undisposed of, shall, on the demise of the Crown, descend, as if the Act were not made, and subject to the restrictions in tlie statute (a) 1 Bla. Com. 286, 7. into the state and condition of the woods, {b) 34 Geo. '6. c. 75. s 4. forests, ar.d land revenues of the Crown, (c) As 22 Car. 2. c. 6. 23 Car. 2. and to sell fee- farm and other iniroproT- c. 24. See 19 Geo. 3. c. 45. able rents. And see 34 Geo. 3. c. 75. (</) See other cases of charitable in> See grant of palace, &,c, in Greenwich stitutions, &c. in which the King may Park, 47 Geo. 3. sess. 1. c. 52. s. 2. grant leases, reserve rent, &c. 46 Geo. Forest of Brecknock, 55 Geo. 3. c. 190. 3. c. 151. As to ascertaining rent see further 57 Geo. 3. c. 24. where houses to be rebuilt, 48 Geo, 3. (e) Crown leases for gardens, &.c. c. 73. s. 23. And as to leases of pro- how renewable, 48 Geo 3. c. 73. s. 4. perty as uncertain in its produce, see 48 Purchase and surrender of Crown leases, Geo. 3. c. 73. s. 21. By 26 Geo. 3. 55 Geo. 3. c. 55. c. 87. amended by 30 Geo. 3. c. 50. (/) 1 Bla. Com. 287, n. (52.) Commissioners were appointed to inquire Arohb. ed. cites Vin. Ab. of