will partake of the nature of a sale as well as of an enfranchisement, because it comprises the reversions expectant on the customary estate for lives. Whatever doubts may have formerly existed as to the efficacy of a simple power of enfranchisement in the case of copyholds for lives where there was not also a power of sale, it would appear that under the provisions of the Settled Land Act, 1882, above mentioned, a tenant for life is now capable of making such an enfranchisement. enfranchise It has been held that the heir of a copyholder may accept Who may an enfranchisement before he is admitted, but it has been accept an doubted whether this rule would apply to a devisee or sur- ment. renderee of a copyhold before admittance (e). If the person taking the enfranchisement has only an equitable interest, but has been de facto admitted, there can be no doubt that the enfranchisement would be effectual (f). Where an appointee under a power contained in a settlement was admitted to copyholds and obtained an enfranchisement to himself, it was held that the customary heir of the settlor was not entitled to object, as he had no beneficial interest in the property (g). A copyholder with a limited estate may take an enfranchisement, but it will enure to the benefit of the persons entitled in remainder who would have taken the copyhold if there had been no enfranchisement. (). After long enjoyment as freehold, an enfran- Presumption chisement upon proper evidence will be presumed even chisement. against the Crown (i). of enfran franchise ment. Enfranchisement at common law formerly necessitated Effect of enthe investigation of the lord's title to the manor, as the copyholder by accepting an enfranchisement took the manorial title to the freehold, subject to all its rights and incumbrances; and this investigation was also required on every subsequent sale of the enfranchised copyhold unless it was guarded against by a special condition; but it is now provided by the Conveyancing and Law of Property Act, 1881 (), that where land of copyhold or customary tenure has been converted into freehold by enfranchisement, and there is a contract to sell and convey the freehold, the purchaser shall not have the right to call for the title to enfranchise; but, if produced, it may be well to guard against producing evidence that since the enfranchisement the manor has been enjoyed in conformity with the earlier title (7). Another great inconvenience attending enfranchisements at common law, was the practice of creating a term of years in the copyhold before enfranchisement, if the lord would give licence, in order to protect the land against the incumbrances on the freehold under the lord's title (m). Again, on an enfranchisement taking place at common law, the right which every copyholder has to examine the court-rolls is lost, and it is consequently necessary for the copyholder when enfranchising independently of the Copyhold Acts to stipulate for a fresh right as to the production of the rolls and title deeds of the manor, if he desires to preserve his right of inspection. But where the enfranchisement takes place under the provisions of the Copyhold Acts, it is unnecessary to take a covenant from the lord as to title or for production of the manorial deeds and courtrolls, because the enfranchisement is valid independently of the lord's title, and the Copyhold Act, 1852, gives the owner of the enfranchised land a right to inspect the court-rolls and take copies (n). Another effect of enfranchisement at common law is that upon a bare enfranchisement any right of common which the copyholder might have in the manorial wastes would be destroyed, even (k) 44 & 45 Vict. c. 41, s. 3 (2); and see In re Agg-Gardner, L. R. 25 Ch. Div. 600. (7) Dart, V. & P. 189. although the conveyance of the copyhold was made "together with all appurtenances," unless there was an actual re-grant of the right of common (o); and such a clause of re-grant is in practice usually inserted in the deed of enfranchisement (p). It has been seen that even if the right were not expressly re-granted it might subsist in equity (9). But where the waste over which the copyholder has the right of common is not parcel of the manor, the right is not extinguished by enfranchisement, since it belongs to the land and not to the estate of the copyholder (r); and so if a copyholder has from time immemorial possessed a right of way over another tenement, and he purchases the freehold of his own tenement, the right of way is not lost, for as between the copyholder and a stranger the enfranchisement only affects and alters the tenure (s), and the law is the same with respect to any other easement which belongs to the land and not to the copyhold estate. In a recent case it appeared that the practice in a manor (t) was for the lords to grant copyholds for three lives and to renew at a fine upon the dropping of any of the lives, but there was no custom binding them to renew. The copyhold grants did not mention a right of fishing, but from time immemorial the copyholders had enjoyed a right of angling in a stream which formed the boundary of the manor, and of passing over the lands of other tenants of the manor for that purpose, but subject to these rights the fishing belonged to the lords. In 1845, the lords enfranchised a copyhold belonging to S. which adjoined the river, and released in very ample terms all rights of fishing and all other rights which they had enjoyed in reference to the enfranchised tenement. After (0) Worledg v. Kingswell, Cro. Eliz. 794. (p) Dav. Prec. in Conv. 4th ed. vol. ii. pt. 1, 388, n. (a) Styant v. Staker, 2 Vern. 250. (r) Tyrringham's Case, 4 Rep. 36b, 38 a; Grymes v. Peacock, 1 Buls. (8) Emson v. Williamson, 1 Ro. (t) Chilbolton, Southampton. 919.14.B.223 this, various other copyholds were enfranchised, and for nearly forty years the copyholders and the enfranchised copyholders exercised the same rights as before of angling and going over the land of S. for that purpose. T. was the owner of several copyhold tenements which had been enfranchised since 1845. In 1885 S. set up a gate and prevented T. from passing over his land to fish. T. acquiesced in the interruption until 1889, when he commenced an action on behalf of himself and all other the owners and occupiers of copyholds and enfranchised copyholds, to establish the right of angling and of passing over the land of S. for that purpose. It was held that by the enfranchisement deed of 1845 the lords gave up all their rights over the lands of S. without the reservation of a power to make to other tenants grants of rights over that land, that such a reservation could not be implied, as there was no obligation on the lords to make such grants, that the rights given up included the reversionary right of the lords to grant rights of fishing on the expiration of the lives for which the copyholds were held, and that the lords had no power to give to T. by his subsequent enfranchisement any rights over the land of S. (u). If a tenant in tail in possession of copyhold land takes an enfranchisement from the lord, the effect of the enfranchisement is to bar the entail (x). Further, enfranchisement will put an end to all the customary incidents which formerly attached to the land, such as freebench, customary curtesy, and customary guardianship of an infant heir, and the tenant will hold the land free from all liability to fines, heriots, customary reliefs and rents, and forfeitures; but from the terms of section 4 of the Copyhold Act, 1887, already mentioned (y), it would seem that the lord will still retain his right of escheat for want of heirs. 98. (u) Tilbury v. Silva, 45 Ch. Div. (x) Dunn v. Green, 3 P. Wms. 9; Challoner v. Murhall, 2 Ves. jun. 524; Ex parte School Board for London, In re Hart, 41 Ch. Div. 547. (y) Ante, p. 354. franchisement A deed of enfranchisement should be enrolled on the Enrolment of court-rolls if such a course is at all practicable, as evidence deed of enof the enfranchisement is thereby conveniently preserved; on court-rolls, but if enrolment would occasion much expense, it might be sufficient to enter an abstract or notice of the deed on the rolls. If the lands are situated in a district within the provisions of the Local Registry Acts (z), the deed of enfranchisement must be registered (a). &c. Commis sioners. Enfranchisements and commutations of manorial rights The Copyare now usually effected under the Copyhold Acts. These hold Acts. Acts are six in number, and are collectively known as the Copyhold Acts, but each of them may be specifically referred to according to the date of its passing, as the Copyhold Act, 1841 (b), the Copyhold Act, 1843 (c), the Copyhold Act, 1844 (d), the Copyhold Act, 1852 (e), the Copyhold Act, 1858 (ƒ), and the Copyhold Act, 1887 (g). By the Copyhold Act, 1841, the Tithe Commissioners for Copyhold England and Wales were appointed commissioners for carrying the Act into execution, under the style of the Copyhold Commissioners, and various powers and duties were entrusted to them. These powers and duties have been continued and increased by the later Copyhold Acts. But it is to be observed that by the Settled Land Act, 1882 (h), the three bodies of Inclosure, Tithe, and Copyhold Commissioners became and were thereafter to be styled the Land Commissioners for England, and all Acts of Parlia- Land Comment, judgments, decrees or orders of any Court, awards, deeds and other documents were declared to be read and to have effect as if the Land Commissioners were therein mentioned instead of Inclosure, Tithe, or Copyhold Com (z) Ante, p. 95. (a) Reg. v. Registrar of Deeds for County of Middlesex, 21 Q. B. Div. 555 (C. A.); S. C. nom. Reg. v. Lord Truro, W. N. (1888) 91, 158. The register for Middlesex is now at the Land Registry Office: 54 & 55 Vict. e. 64. (b) 4 & 5 Vict. c. 35. missioners. |