under the hands and seal of the said Commissioners; and the money, when so paid to such trustees, shall be applied by the said trustees, with the consent of the said Commissioners, in the manner herein before directed concerning any money to be paid for redemption or sale into the Bank of England in the name and with the privity of the said Accountant General; and upon every vacancy in the office of any trustee appointed by the said Commissioners some other fit person shall be appointed by them in like manner. See In re Allfrey, W. N. (1889) 40, as to the consideration money paid to trustees passing under a residuary gift in a will. 201. 40. When any consideration money so to be paid as last As to conherein before mentioned shall not exceed the sum of twenty sideration pounds for the redemption or sale of all the rentcharge which money under shall be redeemable under this Act in any one manor, the same shall be paid, if the said Commissioners shall so direct, to the person for the time being entitled to the rentcharge, for his own use and benefit; or in case of coverture, infancy, idiotcy, lunacy, or other incapacity of the person for the time being entitled, then such money shall be paid, for the use of the person so entitled, to the husband, guardian, committee, or trustee of such person. enfranchise at fixed fines or rentcharges. 41. In any commutation or enfranchisement to be hereafter Power to effected under or by virtue of the said recited Acts it shall not commute or be imperative to make the commutation fines or rentcharge, or enfranchisement rentcharge, variable with the prices of grain, but the same or any of them may, at the option of the parties effecting such commutation or enfranchisement, or at the discretion of the Commissioners, as the case may require, be fixed in money or be made so variable as aforesaid. 42. Any occupying tenant of any lands to be enfranchised Tenants may under this Act who shall pay any rentcharge or interest which deduct rentmay become payable under this Act shall be entitled to deduct charges, &c. the amount thereof from the rent payable by him to his land- payable to lord, and shall be allowed the same in account with the said landlord. See also sect. 16 of the Copyhold Act, 1887. landlord. to be deemed 43. A surrenderee by way of mortgage under a surrender Surrenderee entered on the court-rolls in possession, or in the receipt of the by way of rents and profits of land, shall be deemed a tenant within the mortgage, &c. meaning of this Act, entitled to obtain or join in obtaining and a tenant for effecting enfranchisement, and redeeming a rentcharge, under certain purthis and the said recited Acts, by and with the approbation of poses. the said Commissioners; and any money paid by any mortgagee for or in respect of the consideration or costs of enfranchisement or redemption of rentcharge under this and the said Enfranchisement not to affect previous leases or demises. Not to affect commonable rights in respect of lands enfranchised. Enfranchisement not to affect rights under any will, settlement, &c. Defective and tenants. recited Acts shall be added to the amount due to him as mortgagee, and the land shall not be redeemable without payment of such money, with interest thereon. 44. Where land enfranchised under this or the said recited Acts was immediately before such enfranchisement subject to any subsisting lease or demise at will or for any greater interest, the freehold into which such estate is so converted shall be the reversion immediately expectant upon such lease or demise at will, and the rents and services reserved and made payable upon such lease or demise shall be incident and annexed to such reversion; and the covenants or agreements, whether expressed or implied, on the part of both the lessor and lessee, shall run with the land and with reversion respectively; and such enfranchisement shall not prejudice or affect any right of distress, entry, or action accruing in respect of such lease or demise. See the Copyhold Act, 1887, sect. 41. 45. Nothing herein contained shall operate to deprive any tenant of any commonable right to which he may be entitled in respect of such lands, but such right shall continue attached thereto, notwithstanding the same shall have become freehold. 46. No enfranchisement under this Act shall, except as herein is mentioned, affect the rights or interests of any person in, to, or out of the lands enfranchised under any will, settlement, mortgage, or otherwise, but the rights of every such person shall continue to attach upon the lands enfranchised, in the same way, as nearly as may be, as if the freehold had been comprised in and had been devised, conveyed, charged, or otherwise disposed of by the will, settlement, mortgage, or other instrument or disposition under which any such person shall claim. 47. Provided always, that if any enfranchisement considetitles of lords ration money shall be paid to any lord whose title shall thereafter prove to be bad or insufficient, the rightful owner of the manor or his representatives shall be entitled to recover against such lord or his representatives the amount or value of such consideration money as money had and received to the use of such rightful owner, and interest thereon at the rate of five pounds per centum per annum from the time of such title so proving to be bad or insufficient; and that if any tenant or person claiming to be tenant shall, after payment by him of any enfranchisement consideration money, be evicted from the lands enfranchised, by an adverse claimant, such tenant or person shall be entitled to claim the repayment of such consideration money against the lands enfranchised, and the amount thereof shall be a charge upon the lands enfranchised, and shall carry interest at the rate of four pounds per centum per annum from the time of such eviction. 48. No enfranchisement under this Act shall extend to or affect the estate or rights of any lord or tenant in or to any mines, minerals, limestone, lime, clay, stone, gravel, pits, or quarries within or under the lands enfranchised, or within or under any other lands, or any rights of entry, rights of way and search, or other easements of any lord or tenant in, upon, through, over or under any lands, or any powers which in respect of property in the soil might but for such enfranchisement have been exercised, for the purpose of enabling the said lord or tenant, their or his agents, workmen, or assigns, more effectually to search for, win, and work any mines, minerals, pits, or quarries, or to remove and carry away any minerals, limestone, lime, stones, clay, gravel, or other substances had or gotten therefrom, or the rights, franchises, royalties, or privileges of any lord in respect of any fairs, markets, rights of chase or warren, piscaries, or other rights of hunting, shooting, fishing, fowling, or otherwise taking game, fish, or fowl, unless with the express consent in writing of such lord or tenant; and nothing in this Act shall be held or construed to extend to any copy hold lands held for a life or lives or for years, where the tenant thereof hath not a right of renewal. A steward cannot, without special authority, consent on behalf of the lord to include these reserved rights in the enfranchisement: see sect. 33 of the Copyhold Act, 1887. missioners to be evidence. 49. Copies of and extracts from every award under this Act Copies regiswhich shall be registered under this Act at the office of the tered at the Commissioners, purporting to be sealed or stamped with the office of Comseal of the Commissioners, shall respectively be received in evidence without any further proof thereof; and a copy entered under this Act on the court-rolls of every such award shall be as available for the purposes of evidence as any entry on the court-rolls, and a copy of or extract from any such enrolled copy shall be as available for the purposes of evidence as a copy of an entry on the court-rolls. 50. No agreement, valuation, schedule, award, or power Agreements, of attorney under this Act shall be chargeable with stamp &c. to be duty. See sect. 32 of the Copyhold Act, 1858, as to awards of enfranchisement by the Board of Agriculture. exempt from stamp duty. persons 51. Any person obstructing or hindering any Commissioner, Penalty on assistant Commissioner, valuer, or umpire acting under the obstructing powers granted by the said recited Acts or by this Act, being Commisconvicted thereof before two justices of the peace, shall forfeit sioner, assistthe sum of five pounds. ant commissioner, valuer, or umpire. Construction of words. This Act to be of firstrecited Act. 52. In this Act, unless where the context shows that the words hereinafter mentioned are used in a different or more restricted sense, they shall be understood in manner hereinafter mentioned; that is to say, the word "lands" shall extend to and include messuages, tenements, and corporeal or incorporeal hereditaments, subject to any manorial rights, or any undivided part or share therein; the word "valuers" shall apply to and include a single valuer, where authorised to act alone, or any umpire to be appointed as herein mentioned, and also the Commissioners or the Commissioner or assistant Commissioner proceeding upon or with any valuation under this Act in cases where such single valuer, umpire, Commissioner, or assistant Commissioner respectively shall act in any such valuation; the word "manor" shall extend to such portion or portions of a manor as the said Commissioners shall by any order in writing under their hands and seal direct to be considered as a manor for the purpose of effecting any enfranchisement under this Act; the word "lord" shall extend to and include the lord or lords of any manor, whether seised for life or in tail or in fee simple, and all ecclesiastical lords seised in right of the church or otherwise, and lords farmers holding under them, and any body politic, corporate, or collegiate, and all lords seised of any manor, whether they have or have not an absolute power of selling or disposing of the same; and the word "steward" shall extend to and include a deputy steward or clerk acting as such for the time being. 53. This Act shall be taken and construed as part of the deemed part first-recited Act, and the Acts amending and explaining the same; and all the enactments therein contained as to enfranchisements effected under the provisions thereof shall be deemed and taken to apply to enfranchisements under this Act, and to the rights of all parties thereto, as if such enactments were here again repeated, except so far as is hereinbefore otherwise provided for; and all enfranchisements which may have taken place under such Acts or any of them, and all matters and things incident thereto, shall be of the same force, validity, and effect as if the provisions of this Act had been contained in the said first-recited Act. Titles of Acts. The recited Acts are the Copyhold Acts of 1841, 1843 and 1844. 54. In citing or referring to the said recited Acts and this Act, or any of them, in other Acts or legal instruments, it shall be sufficient to use the expression "The Copyhold Acts," or "The Copyhold Act, 1841," "The Copyhold Act, 1843," "The Copyhold Act, 1844," or "The Copyhold Act, 1852,” as the case may be. 55. Provided always, that nothing herein contained shall Not to impede interfere with or prevent or impede the enfranchisement of enfranchisement irrespecany lands whatsoever which may be enfranchised irrespective tive of this of this Act, where parties competent to do so shall agree on Act or powers such enfranchisement, or the exercise of any powers con- in other Acts tained in any other Acts of Parliament. of Parlia ment. SCHEDULES. No. 1. FORM OF DEED OF ENFRANCHISEMENT. [Repealed by sect. 2 of the Copyhold Act, 1858. See the Copyhold Act, 1858, sect. 10, and the Copyhold Act, 1887, sect. 22, as to awards of enfranchisement.] No. 2. CERTIFICATE OF CHARGE affecting LANDS comprised in an enfranchisement. [Repealed by sect. 2 of the Copyhold Act, 1858. See sect. 36 thereof.] No. 3. FORM OF ENDORSEMENT OF TRANSFER OF CERTIFICATE. [As to cases after October 1st, 1858, see the form given in the Copyhold Act, 1858, sect. 37.] |