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Duchy of Cornwall Act 1844

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This is the original version (as it was originally enacted).

XXVHis Royal Highness may grant Licences to Copyholders to improve their Tenements, and to demise the same.

And be it enacted, That it shall be lawful for His said Royal Highness, His Heirs or Successors, to grant to any Copyhold or Customary Tenant of any Messuages, Lands, or Tenements holders of any Manor, Parcel of the Possessions of the said Duchy, a Licence authorizing such Tenant to build on or otherwise improve all or any Part of his Tenement, and to make Roads and Streets in, upon, or through the same, and to annex the same or any Part thereof to adjacent Ground for the Purpose of Improvement, and to pull down any of the Messuages or Erections which now are or at any Time or Times hereafter shall be standing or being on the same Tenement or any Part thereof, and to demise all or any Part of the same Tenement for any Term or Number of Years not exceeding Twenty-one Years, or, for building, rebuilding, or repairing Purposes, for any Term of Years not exceeding Ninety-nine Years, to commence from the Time of granting such Licence, or for any One or more of the Purposes aforesaid ; and in every such Licence shall be expressed and fixed the Sum which during the Term to be mentioned in such Licence shall be considered as the annual Value for assessing the Fines payable to His Royal Highness, His Heirs and Successors, upon the Admission of any new Tenant to any Tenement which shall have been built on or improved, or for the building on and improving of which such Licence shall be granted, so that the Sum to be fixed shall not in any Case be less than the best annual Rent which might at the Date of such Licence be reasonably obtained on a Demise of the Premises therein mentioned for a Term of Ninety-nine Years, or for such shorter Term as shall be expressed in any such Licence, without taking any Fine, Premium, or Foregift for the making of such Demise ; and so that the Sum so to be fixed shall not be considered as the annual Value according to which the Fine is to be assessed for any greater Number of Years than the Term of Ninety nine Years, to commence from the Date of such Licence, or such shorter Term as in the said Licence shall be expressed ; and so that no Fine, Premium, or Foregift shall be taken for the making or granting of such Licence, save and except the customary annual Fine (if any) for every Year of the said Term to be expressed in such Licence, and such Fees as shall be usual or reasonable in that Behalf; and so that upon the Grant of every such Licence there be saved and reserved to His said Royal Highness, His Heirs and Successors, all Fines, Heriots, Rents, Customs, and Services due and to grow due in respect of the Tenements in respect of which such Licence shall be granted : Provided always, that every such Licence shall be entered on the Court Rolls or Court Books of the Manor of which the Tenement in respect of which such Licence shall be granted is holden.

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