Practice in Enfranchisement at Common Law, under the Copy-

hold Acts, and under Limited Statutory Provisions, and

in Commutations: with Practical Suggestions to Lords,

Stewards, and Copyholders, protective of their several

interests

Pages 34 to 75

DIVISION III.

Mathematical Consideration of the Subject; with Tables and

Rules for Calculating the Value of Enfranchisement from

the Lord's various Rights

Pages 76 to 138

DIVISION IV.

Form of Contracts, Deeds, Notices, Appointments, Awards, etc.

DIVISION V.

Pages 139 to 189

Statutes, with Notes, including all the Copyhold Acts, and

various other Acts

Pages 190 to end

CONTENTS.

DIVISION I.

Statement of the different points of view in which Enfran-
chisement should be considered; being the legal, the
practical, and the mathematical

Enfranchisements proposed to be considered in the follow-

ing order :-1. Those at Common Law; 2. Those under

the Copyhold Acts; and, 3. Those under more limited

statutory provisions

Definition of Enfranchisement; the mode in which it may
be effected, and what Lords may enfranchise.

Effect of an Enfranchisement, where Copyholder has a

limited estate

Consequences of Enfranchisement, and inability to reserve

Manorial Rights

Enfranchisement should be in name of Copyholder, and not

of a Trustee.

When Enfranchisement will be presumed

Inconvenience of Common Law Enfranchisement as respects

Title

General Statutory Enfranchisements and Commutations.

The provisions of the Copyhold Acts generally, proposed to

be considered .

Remark on repeal by the Act of 1858 of the provisions for

Manorial Commutations and Scheduled Commutations

and Enfranchisements, but utility of stating those

provisions

List of the Copyhold Acts

Manorial Commutations :- -General statement of the pro-

visions in the Act of 1841, and of the extension of such

provisions by the Acts of 1843 and 1844

78

8

Scheduled Commutations,the like as to these

Scheduled Enfranchisements, the like.

General statement of the transactions in relation to Com-

mutations and Enfranchisements, allowed after the

operation of the Act of 1858

1. Voluntary Commutations:-Provisions in the Act of 1841,

as amended by the subsequent Acts.

2. Voluntary Enfranchisements, the like.

PAGE

12

12

15

15

18

3. Compulsory Enfranchisements, where admission after

June, 1853:--Provisions in the Acts of 1852 and 1858 24

4. Compulsory Enfranchisements, where admission before

July, 1853:-Provisions in the Act of 1858 . . . 26

5. Compulsory Enfranchisement, from Heriots :—Reference

to the provisions in the Acts of 1852 and 1858 . . . 27

Reference to the sections of the various Acts, as to dis-

putes, supplemental Commutations, apportionment of

Rent-charges, and other incidental matters

Enfranchisements on Ecclesiastical Manors.

General Statement of the Statutory Provisions, as to.

Statutory Enfranchisements of Limited Character.

Statement of the Enfranchisements under this head

The Law of Enfranchisement under the Lands Clauses Act,

and reference to other statutory provisions of a limited

character.

28

28

30

30

31

DIVISION II.

THE PRACTICE.

1. In Enfranchisements at Common Law

2. In Commutations :-The practice generally.

The like, at a rent-charge and nominal fines

The like, at fines

34

36

36

38

39

40

41 to 46

46 to 56

b

3. In voluntary enfranchisements, under the Copyhold Acts

4. In compulsory enfranchisements, under the Act of 1852.

Minute of the Copyhold Commissioners in relation to

such Enfranchisements

Remarks on same

5. Practice in compulsory Enfranchisements, under the Act

of 1858

6. In Enfranchisements under the Lands Clauses Act

Copy of case and opinion as to the Steward's compensa-

tion under such Enfranchisements

59 to 65

1. To Lords of Manors, as to advantages of Commutation

over Enfranchisement

Objections to Rent-charges as the consideration for Com-

mutations or Enfranchisements

. . 67

67

Recommendation to keep an Analysis Book, and form in

which same should be prepared

68

69

Mode in which the difficulties in agreeing on the value of

Enfranchisement of Building Land may be obviated

[The principles on which Enfranchisement considera-

tions should be estimated, with Rules, Tables, and

Examples, will be found in Division 3.]

Caution as to Purchase of Manor to compel Enfranchise-

ments

2. To Stewards of Manors :-Remarks on Compensation
allowed by the Acts

Advantages to the Steward, as well as the Lord, and
Copyholders, in adopting Commutations
Proposed Table of Fees on Commutations

Stipulations advisable on a treaty for Enfranchisement

3. To Copyholders :-Points to be attended to in a treaty

for Enfranchisement .

Comparative advantages of Commutation and Enfran-

chisement

Course recommended, where Copyholds in Mortgage.

DIVISION III.

THE MATHEMATICAL CONSIDERATION OF
THE SUBJECT; RULES, TABLES, ETC.

Importance of this Division greater than that of the first or

PAGE

General Remarks proposed to be first given, explanatory of

the subject, and then Rules and Tables, with Examples 77

What required, in order to understand the subject, and

difficulties incidental to its consideration

Mode of overcoming the difficulties

Arrangement under which the different Rights proposed to

be considered

Mode in which such questions may be answered

Remarks on the Values of Lives, as bearing on Enfran-

chisements.

The like on the various Tables of Life Values

Fines arbitrary on death or alienation, principle on which

the Value of Enfranchisement should be calculated, with

examples, calculated under the Rules and Tables given

post

The Valuation, where no Tenant on the Rolls

The like, where a Tenant on the Rolls

Attention drawn to the difference between the Tables pre-

pared for this Work, and that issued by the Commis-

sioners

The official Table, shown to be inapplicable in several impor-

tant particulars

79

79

80

81

81

82

82

83

The Tables now given, free from like objections; and Rules

given as to the Special Cases in which the Tables are

not applicable.

Valuation where two or more persons stand admitted as Te-

nants in Common or Coparceners

Where two persons stand admitted as Joint Tenants

Where Tenant for Life and Remainderman

Where more than two Lives .

Where two or more admitted, and a Fine payable, on Aliena-

92

Fines certain .

92

Remarks as to various erroneous modes in which it has been

Fines not arbitrary, but bearing a fixed proportion to the