simple in possession, or where he has power, as trustee for sale or otherwise, to give an effectual discharge for such money, the payment is to be made to him or his heirs or assigns (1), and his or their receipt will be a sufficient discharge for the amount, and will exonerate the person making payment from all liability as to its application, and from being answerable for its misapplication or non-application (m). Where, however, the lord for the time being was entitled to a limited estate or interest only in the manor, or was under any legal disability, it was provided by the Copyhold Act, 1841, as amended by the Copyhold Act, 1843, that any money paid for enfranchisement might at the option of the person or persons for the time being entitled to the manor be paid either into the Bank of England, pursuant to the method prescribed by any Act for the time being in force for regulating moneys paid into the Court of Chancery, or to the trustees acting under the will, conveyance or settlement, under which the lord, having such limited interest, should hold or be entitled to or interested in the manor, or if there were no such trustees, then into the hands of trustees to be nominated under the hands and seal of the Copyhold Commissioners (n). It is now, however, provided by the Copyhold Act, 1887, that in every case where land is enfranchised by award of the Board of Agriculture or by deed with their consent, the lord for the time being, although his estate in the manor is only a limited one, shall be able to give a complete discharge for money payable as compensation, so as to relieve the person or persons paying the amount from all responsibility for its application, and in such cases the compensation money shall be paid by the recipient in such manner as the Board having regard to the provisions of the Copyhold Acts shall direct (o). The Act of 1887 also provides (7) 4 & 5 Vict. c. 35, s. 73. (m) Ibid. s. 78 (n) 4 & 5 Vict. c. 35, ss. 73-75; 6 & 7 Vict. c. 23, s. 14. (o) 50 & 51 Vict. c. 73, s. 25. that in cases of enfranchisement by agreement between the parties or otherwise without reference to the Board of Agriculture, where the compensation does not exceed 5007., the lord for the time being shall be able to give a complete discharge, if he makes a declaration in writing stating the particulars of his estate or interest in the manor, and showing himself to be entitled to receive such money for his own use. If he is not so actually entitled, he is to be deemed as having received such money as a trustee for the persons who are so entitled, and if his declaration is false, he will be liable to the penalties attached to a false statutory delaration (p). Accordingly, in cases of enfranchisement by agreement without reference to the Board of Agriculture, where the compensation money exceeds 5007., and the lord's estate in the manor is a limited one, it appears that recourse must still be had to the provisions of the Copyhold Act, 1841, as amended by the Copyhold Act, 1843, by the person paying the compensation money in order to obtain a complete discharge. franchisement lord not If any enfranchisement consideration money is paid to Remedies a lord who is not entitled, under the provisions of the where enCopyhold Acts, to receive the same, or whose title is after- consideration wards proved to be bad or insufficient, the rightful owner money paid to of the manor and his representatives are entitled to recover having title. against such lord or his representatives the amount or value of such consideration money as money had and received to the use of the rightful owner, and interest thereon at the rate of 57. per cent. per annum from the time when the title is proved to be bad or insufficient, and it is provided that if any tenant or person claiming to be tenant is after payment by him of any enfranchisement consideration money evicted by an adverse claimant from the lands enfranchised, he is entitled to claim the repayment of the consideration money against the lands, and the amount will be a charge upon the lands enfranchised, (p) 50 & 51 Vict. c. 73, s. 26. Disposal of compensation money when paid into bank, &c. When consideration a and will carry interest at the rate of 47. per cent. from the time of eviction (9). The manner in which the compensation money may be applied when it has been paid into the bank or to the trustees, whether acting under the will, conveyance or settlement under which the lord having only a limited interest holds the manor, or nominated by the Board of Agriculture, will be mentioned later under the head of compulsory enfranchisement. When the enfranchisement is made in consideration of a rent-charge. rent-charge, the following provisions are now applicable. If it is agreed that the rent-charge shall vary with the price of corn, it is to be calculated upon the same averages and to be variable in the same manner as a tithe commutation rent-charge (r). The rent may be granted to the same uses and trusts as those affecting the manor, and will thereafter be a rent service parcel of the manor, and appendant and appurtenant to it (s). By the Copyhold Act, 1858, it was provided that the commencement of any rent-charge might be fixed by the memorandum by which the Copyhold Commissioners confirmed the instrument of enfranchisement, or in default of being so fixed the commencement was to take place on the day of confirmation; and the same Act gave the Commissioners power to fix the day when the half-yearly payments of the rent-charge should commence to be calculated (t); but now under the provisions of the Copyhold Act, 1887, after January 1st, 1888, every rent-charge, no matter when created, is payable half-yearly on the 1st day of January, and the 1st day of July in every year; and if any enfranchisement takes place between these half-yearly days of payment in any year, a proportionate payment is to be made on the first of these half-yearly days of payment following the date of the deed of enfranchisement in respect of the (g) 15 & 16 Vict. c. 51, s. 47. (8) 6 & 7 Vict. c. 23, s. 2. interval which has elapsed since the commencement of the rent-charge (u). As the provisions in the Copyhold Acts relating to the recovery, incidence, redemption and apportionment of rent-charges apply equally to voluntary and compulsory enfranchisement, they will be considered later under the head of compulsory enfranchisement. land. The Acts of 1843, 1844, and 1852 contained various Consideration provisions relative to the charging of enfranchisement charged on moneys on land, but these provisions were repealed by the Act of 1858 (x), which enacts that whenever by the Copyhold Acts power is given or an obligation attaches to any person to pay money as consideration or compensation for enfranchisement or commutation, such person may, with the consent of the Board of Agriculture, charge upon the land enfranchised or commuted the sum of money which has been so paid (y). The Act of 1887 has increased this power by providing that the owner of any land enfranchised under the Copyhold Acts may, although his estate is only a limited estate, charge the land enfranchised with the compensation money paid for the enfranchisement and also with the expenses attending the enfranchisement, or with any part of the compensation money or expenses, together with interest not exceeding 57. per cent. per annum, or by way of terminable annuity calculated on the same basis (~). These provisions will be considered in detail under the head of compulsory enfranchisement. If the consideration for the enfranchisement consists If consideration is land. of land which is subject to any existing lease, the person to whom such lands are conveyed is at once placed in the position of reversioner on such lease and may distrain for the rent and enforce the covenants (a). The effect of an enfranchisement of land under the voluntary clauses of the Copyhold Acts is the same as in a compulsory enfranchisement, and the subject will ac (u) 50 & 51 Vict. c. 73, s. 15. (x) 21 & 22 Vict. c. 94, s. 2. (z) 50 & 51 Vict. c. 73, s. 23. Effect of enfranchisement. (y) Ibid. s. 21. cordingly be dealt with later; but in regard to a voluntary enfranchisement, it is to be noted that in order to prevent the necessity of inquiring into the lord's title, it is enacted by the Copyhold Act, 1841, that all lands enfranchised under that Act shall remain under the same title as that under which they were held at the time of enfranchisement, and shall not be subject to any estates, incumbrances, &c., affecting the manor of which they were held (b); and all mortgages affecting the land shall become mortgages of the freehold, if the consideration for enfranchisement shall have been paid off, or if it is not so paid off, shall become mortgages of the equity of redemption, subject to the charge of the consideration and interest (c). If at the time when the land is enfranchised it is held by a third person under a lease, the person entitled to the enfranchised land has the reversion on the lease and may distrain for the rent and enforce the covenants (d). Compulsory Extinguishment of Manorial Rights and Incidents affecting Lands of any Tenure. By the Copyhold Act, 1852, power was given to the lord or tenant of any freehold or customary freehold lands held of a manor and liable to heriots, where a heriot became due on or after the 1st of July, 1853, to require and compel the extinguishment of all claims to heriots and the enfranchisement of the lands which were subject thereto (e). The provisions of the Act of 1852 were repealed by the Copyhold Act, 1858, which conferred larger powers (f); but these powers are now superseded by the provisions of the Copyhold Act, 1887, which enacts that any lord or tenant or owner (including therein any person entitled to the land for any term of years originally granted for ninety-nine years or upwards) of any land liable to any (b) 4 & 5 Vict. c. 35, s. 64. (c) Ibid. s. 81. (d) 6 & 7 Vict. c. 23, s. 10. (e) 15 & 16 Vict. c. 51, s. 27. |