Suspension of the tenure. lords of a manor purchases a copyhold tenement and is admitted to it with the concurrence of the other lords, the customary estate in the tenement will be extinguished to the extent of his undivided interest in the manor (c). The copyhold interest is also extinguished when a copyholder acquires from the owner of the freehold any common-law interest in the land, as for a term of years, or for an interest in remainder, whether by purchase or descent, "for the estate of the copyholder, being only at will, becomes merged by the accession of any greater (d). Thus, if the lord of a manor demises the freehold of a copyhold tenement for a term of years, and the lessee assigns the term to the copyholder, the customary interest will be extinguished; "for both these interests cannot exist in the same person at once, and consequently one of them must be determined, which of necessity must be the customary estate; for the estate derived from the common law cannot merge in that, and when common law and custom come together and one or other must necessarily stand, the common law shall be preferred" (e). And so, if a copyholder takes a lease of the manor or becomes possessed of a legal estate therein, his customary estate will come to an end (ƒ). When the freehold and copyhold interests are held by the same person in two different rights, the customary tenure is suspended, and not extinguished. Thus, where a copyholder married the lady of the manor, his tenure was suspended, while the estate in right of his wife continued (g); but if the marriage has taken place since the 1st of January, 1883, there would be no suspension of the copyhold tenure (h). Again, if the wife of a copyholder became lady of the manor, the tenure would have been (c) Cattley v. Arnold, 4 K. & J. 595. (f) Anon., Moo. 185; Hide v. Newport, cited ibid.; French's Case, 4 Rep. 31 a. (g) Co. Copyh. s. 62; Anon., Cro. Eliz. 8. (h) 45 & 46 Vict. c. 75, s. 2. suspended; but if the wife's title to the manor has accrued to her since the 1st of January, 1883, there would be no suspension (i). Where the lord of a manor, who was tenant for life only, purchased the fee of certain customary freeholds held of the manor, it was held that the effect of the union was to suspend the seignory during the life of the lord, but that on his death intestate the seignory revived and passed to the remainderman, while the fee of the customary freeholds descended to his heir-at-law (k). If the extinguishment takes place, the copyhold will at Effect of extinguishonce become part of the manor, discharged of the customary ment. tenure and of all incidents and privileges belonging thereto (1), and subject, of course, to all incumbrances and limitations affecting the residue of the manor (m). Thus it was held that a copyhold surrendered to the use of the lord and his heirs would enure to the benefit of a mortgagee under a previous mortgage of the manor, and that the equity of redemption passed under the limitations of an existing settlement of the estate as comprised in the mortgage (n); and similarly it has been held that a devise of a manor carried with it copyholds which had been surrendered to the lord subsequently to the making of the devise (o). But although a copyhold which is purchased by a lord who is only tenant for life of the manor and is surrendered to him and his heirs will in law become parcel of the manor, and subject to its limitations, yet it would seem the lord would have in equity a charge on the reversion for the amount of his purchase-money, if he can show that the surrender had been taken in such a form by mistake, and that he had the intention of preserving the benefit of the purchase for himself and his heirs (p). Tenure revived. At common law. It will be remembered that the copyhold tenure may be revived after extinguishment, provided that no commonlaw interest other than a tenancy at will has been created during the merger by an owner seised in fee: but that if such an interest has been created, the land thereby ceases for ever to be demiseable by copy of court-roll (2). If, however, a common-law interest exceeding a tenancy at will has been created during the merger of the freehold and copyhold estates by a lord who is merely a limited owner, his act will only suspend the power of re-granting as copyhold during the continuance of his limited estate; and on its determination the land may be re-granted as a copyhold by a succeeding lord (r). If the tenure is revived, the copyhold tenant will hold the tenement free from all charges and incumbrances which would have attached if the tenement had become part of the manor (s). Enfranchisement. The copyhold tenure is also extinguished by enfranchisement, which is a term specially applicable to the conversion of the copyhold estate in the hands of the tenant into an estate of freehold tenure. It results from the lord either conveying to the copyholder the fee simple in the tenement or releasing to him the seignorial rights. methods by which copyhold lands are enfranchised may be arranged into two classes, namely (1) those which operate at common law, and (2) those which derive their effect from the provisions of the Copyhold Acts. The At common law enfranchisement is effected by the conveyance of the freehold to the copyholder, or by a release of all customs and services either by the lord of the manor or by the owner of the freehold of that particular tene v. Dudley (Visct.), 15 Ves. jun. (r) Ex parte Lord Henley, Re London & S. W. Rail. Co., 29 Beav. 311. (s) Swayne's Case, 8 Rep. 63 a; Sneyd v. Sneyd, 1 Atk. 442. ment (t). The same effect may follow from a release of part of the services or from any transaction equivalent to a release. Thus it was held that tenant-right copyholds were enfranchised when the lord "ratified and confirmed to the tenant and his heirs all the customary and tenantright estate, and granted that he should be discharged of the payment of all rents, customs, services, &c., except one penny yearly rent, and except suit of court and all royalties, escheats and forfeitures" (u). This was considered to be tantamount to a release of the copyhold services. But it has been held that a grant in fee by the lord of a manor to a copyholder of inheritance of all the woods and underwoods growing and to grow on the copyhold lands, where by the usage the lord had the right to cut the woods and underwoods on all the copyhold tenements, did not operate as such a release (r). A deed executed by the lord and purporting to convey a copyhold tenement in fee will pass nothing but the copyhold, even although the parcels contain a description of something which does not actually form part of the customary tenement (y). It must be remembered that the enfranchisement severs the copyhold from the manor, save in regard to the lord's right to escheat for want of heirs in the case of enfranchisements effected after the 16th of September, 1887. The enfranchising lord cannot validly reserve to himself the ancient rents and services, fealty, or suit of court, or create any new tenure of the freehold by reserving any new service to himself, for the owner of the enfranchised tenement must by reason of the Statute Quia Emptores hold of the next superior lord in free socage after the enfranchisement (). But it would seem that the enfranchising lord's right to escheat still continues where the tenement E. A A Who can enfranchise. has been enfranchised since the 16th of September, 1887; for it is provided by the Copyhold Act, 1887 (a), that on any enfranchisement taking place after that date the lord of the manor shall continue to be entitled in case of escheat for want of heirs to the same right and interest in the land as he would have had if it had not been enfranchised. If it is agreed that the consideration for the enfranchisement shall consist of annual or other payments to be made by the tenant after the enfranchisement, such payments will be due from him not as rent-services, but by virtue of the covenants contained in the deed. No one can enfranchise a copyhold at common law, who has not an estate in fee in the manor, or at least a power to convey the fee-simple of the land to the copyholder (b). The practice of conveyancers, when the lord is seised in fee, is to make the enfranchisement by a grant of the fee, and not simply by a release of the seignorial rights. When the enfranchisement is effected under a power, the terms of the power must be followed. The ordinary power of sale of a settled manor and lands was formerly used for the enfranchisement of the copyholds; but questions sometimes arose whether the power to sell the manor warranted the sale separately from the manor either of the lands held by copy of court-roll or of demesnes or freeholds which might have come into the lord's hands (c). It is now provided by the Settled Land Act, 1882 (d), that where the settlement comprises a manor the tenant for life may sell the seignory of any freehold land within the manor, or the freehold and inheritance of any copyhold or customary land parcel of the manor, with or without any exception or reservation of all or any mines or minerals or of any rights or powers relative to mining purposes, so as in every case to effect an enfranchisement. If the lands are copyholds for lives, the transaction between the lord and tenant (a) Sect. 4. (b) Wilson v. Allen, 1 J. & W. 611. (c) Dav. Prec. in Conv. 4th ed. vol. ii, pt. 1, 388, n. (d) Sect. 3 (ii). |