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RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 38

Interpretation.

38. The following words and expressions shall in this Act have the meanings
hereby assigned to them, unless there be something in the subject or context
repugnant to such construction; (that is to say,) words importing the singular
number only shall include the plural number, and words importing the plural
number only shall include also the singular number; words importing the
masculine gender only shall include females; the word "person" and the word
"owner" shall extend to a body politic, corporate, or collegiate, aggregate or
sole; the word "lands" shall extend to messuages, tenements, tithes, tithe
rent-charges, and hereditaments; the word "lease" shall include a grant or an
agreement or contract for a lease or grant; and the word "under-lease" shall
include a grant or an agreement or contract for an under-lease or grant, and
shall include an under-lease carved out of an under-lease in any degree of
tenure; the expression "lease in perpetuity" shall be taken to apply to all
cases where any hereditaments have been or shall be, by a lease or contract
derived immediately from the freehold and inheritance, demised, leased, or
granted, or contracted to be demised, leased, or granted, for one or more life
or lives, with or without a term of years or for years determinable upon one
or more life or lives, or for years, absolute, with a covenant or agreement,
by a party competent thereto, in any of such cases, whether contained in the
instrument by which such lease or contract is made or in a separate
instrument, for the perpetual renewal of such lease or contract; the
expression "under-lease in perpetuity" shall be taken to apply to all cases
where any of the land comprised in any such lease in perpetuity or contract
for a lease in perpetuity have been or shall be under-leased or granted, or
contracted to be under-leased or granted, for one or more life or lives, with
or without a term of years, or for years determinable upon one or more life or
lives, or for years absolute, with a covenant or agreement, whether contained
in the instrument by which such under-lease or contract for an under-lease is
made or in a separate instrument, for the perpetual renewal of such
under-lease or contract; and for the purposes of this Act an assignment
reserving a yearly rent, or a contract of such assignment, shall be deemed to
be an under-lease or contract for an under-lease respectively, although the
person making such assignment or contract may have parted with or agreed to
part with his whole estate in the hereditaments therein comprised; and the
word "covenant" shall be deemed to include an agreement; and for the purposes
of this Act a covenant or agreement giving in respect of a lease or
under-lease for a term of not less than ninety years, determinable on a life
or lives, a perpetual right of renewal on the dropping of a life or lives
within the term for which such lease or under-lease, or the renewed lease or
under-lease for the time being in force, may have been granted, shall,
although such covenant or agreement may not give right of renewal in the event
of the termination of such term by effluxion of time, be deemed a covenant or
agreement for perpetual renewal of such lease or under-lease; and the word
"fine" shall include not only a sum of money, but any heriot, matter, or thing
to be given or done upon or for or in consideration of the obtaining of any
renewal; and "the court" shall mean the [High Court of Justice in Northern
Ireland] ..., to which a petition shall be presented under this Act; and the
word "master" shall mean any of the masters in ordinary of the Court of
Chancery; ....

© 1849 Crown Copyright

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