lands at their pleasure. But the exercise of this prerogative having greatly impoverished the Crown, it has been restrained by several modern laws.

11. By the statute 1 Anne, stat. 1. c. 7. § 5. it is enacted, "That all and every grant, lease, or other assurance which, from and after the 25th March 1702, shall be made or granted by her Majesty, her heirs or successors, Kings or Queens of this realm, under the great seal of England, Exchequer seal, seals of the duchy and county palatine of Lancaster, or any of them, or by copy of court-roll, or otherwise howsoever, of any manors, messuages, lands, tenements, rents, tithes, woods, or other hereditaments, (advowsons of churches and vicarages only excepted) within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, or any of them, or any part thereof, then belonging or thereafter to belong to her Majesty, her heirs or successors, or to any other person or persons in trust for her Majesty, her heirs or successors, in possession, reversion, remainder, use, or expectancy, whether the same were or should be in right of the Crown of England, or as part of the principality of Wales, or of the duchy or county palatine of Lancaster, or otherwise howsoever, to any person or persons, body politic or corporate whatsoever, whereby any estate or interest whatsoever, in law or equity, shall or may pass from her Majesty, her heirs or successors, shall be utterly void and of none effect; unless such grant, lease, or assurance be made for some term or estate not exceeding 31 years, or three lives, or for some term of years determinable upon one, two, or three lives; and unless such grant, lease, or assurance respectively be made to commence from the date or making thereof;

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and if such grant, lease, or assurance be made to take effect in reversion or expectancy, that then the same, together with the estate or estates in possession, of and in the premises therein contained, do not exceed three lives or the term of 31 years in the whole; and unless such grant, &c. be so made that the tenant be liable to punishment for waste; and unless there be reserved upon every such grant, lease, or assurance respectively, the ancient or most usual rent, or more, or such rent as had been reserved, yielded and paid for such of the said manors, messuages, lands, tenements, rents, tithes, or other hereditaments as shall be therein contained, for the greater part of 20 years before the making thereof; and where no such rent shall have been reserved or payable, that then upon every such grant, lease, or assurance there be reserved a reasonable rent, not being under the third part of the clear yearly value of such of the said manors, messuages, lands, tenements, tithes, or other hereditaments as shall be contained in such lease or grant; and unless such respective rents be made payable to her Majesty, her heirs or successors, who shall make such lease or grant, and to her or their heirs or successors, during the whole term or time of the continuance thereof respectively."

12. By the sixth section of this statute it is provided, that where the greater part of the yearly value of any tenements shall consist of the buildings thereon, which may want to be repaired or re-edified, the Crown may demise such tenements for 50 years or three lives, to commence from the date of the lease; or if in reversion, then the same, with the estate in possession, not to exceed 50 years or three

lives; and be dispunishable for waste: and so as such rent be reserved, as is required in the preceding section.

13. By the 8th section of this statute it is provided, that this act shall not extend to disable the Crown from making such leases, copies, or grants, as it might make under the statute 12 Will. III. for making leases or copies of offices, lands, or hereditaments, parcel of the duchy of Cornwall; " or to disable her Majesty, her heirs or successors, to make any grant or restitution of any estate or estates thereafter to be forfeited, for any treason or felony whatsoever; or to disable her Majesty, her heirs or successors, to grant, demise, or assign any lands, tenements, or hereditaments which should be seised or taken into her or their hands upon any outlawry at the suit of her or their subjects, as had been usual; or any estate whatsoever which was or should be seised, extended, or taken in execution for any debt owing or to be due to the Crown, as she or they should think fit; or to make any grants or admittances which of right or custom ought to be made, any copyhold lands, tenements, or hereditaments, parcel of any manor or manors of her Majesty, her heirs or successors. 29.

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14. By the statute 34 Geo. III. c. 75. the 6th section of the statute 1 Anne is repealed, and it is enacted, (sect. 3.) that where any Crown lands shall be deemed by the commissioners of the Treasury fit and proper for the erection of houses or other buildings, and where the lessees shall agree to erect buildings thereon of greater value than the land so to be leased, or where the greatest part of the yearly value of such tenements shall consist of buildings; it shall be lawful for the Crown to demise the land

for 99 years or three lives, from the making of such lease; or if such lease be made in reversion, then that the estate granted, together with the estate in possession, shall not exceed 99 years or three lives: and so as the rents reserved be not less than two thirds of the reasonable rent for such buildings: and so as there be paid to the Crown a fine to the amount of the remaining part of such annual sum, subject to a discount, not to be computed at a higher rate than the highest rate of interest at the time: and when there shall happen to be no building upon the land to be demised, or that the buildings thereon shall be agreed to be rebuilt, or other new buildings to be erected, then there shall be reserved such annual rent as shall be deemed reasonable, without taking any fine and so as in every lease last aforesaid there be contained a covenant on the part of the lessee for erecting houses or other buildings. thereon, and for keeping them in repair: and so as the rents be reserved free of all manner of taxes, during the whole of the term: except such rent as the Treasury shall think fit to be allowed, not exceeding the term of three years: and so as the lessees execute counterparts of such leases.

15. By the fourth section it is enacted, that on every grant or lease to be made by the Crown, (advowsons and such grounds with buildings thereon as are authorized to be granted for 99 years or three lives, and whereon any fine shall be payable, only excepted,) there shall be reserved such clear annual rents, as shall be deemed by the Treasury to be reasonable, without taking any fine; and such rent shall be payable during the whole term; and no such lease shall be good in law, unless the lessees execute a counterpart thereof.

16. By the 5th section it is enacted, that it shall not be lawful to renew any such lease for any term of years whatever, until within five years of the period of its expiration; except such tenements as are thereby authorized to be granted for 99 years; nor to renew any lease for 99 years, until within 20 years of the expiration of the same; nor any lease for lives, so long as there shall be more than one of such lives in being, except in the cases before mentioned.

17. By the 7th section it is provided, that where any wastes or commons, in which the Crown has any interest, shall be deemed fit to be inclosed, and shall be by authority of parliament, or otherwise, authorized to be inclosed; or where any lands, held under a lease from the Crown, shall be deemed by the treasury fit and expedient to be planted, and appropriated to the growth of timber, or any farm-house to be erected, or any pits to be sunk, for the work. ing of mines, quarries, or collieries; and where the term or estate in possession shall be deemed by the Treasury to be insufficient to repay the costs of such improvements; in every such case it shall be lawful to renew any such lease, or to grant any further lease, for any term or estate not exceeding the terms or estates authorized by the act of 1 Anne, or by this act. And where any houses or other buildings shall require, or shall be agreed to be rebuilt, it shall be lawful to grant any further lease of such houses or other buildings, for any term or estate not exceeding the terms or estates authorized by this act: provided such rents are reserved as are required by this act; and that covenants be inserted for erecting such new houses or buildings.