APPENDIX XII. Commencement of Act. The Copyhold Act, 1858. (21 & 22 VICT. c. 94.) An Act to amend the Copyhold Acts. [2nd August, 1858.] 1. This Act shall come into operation on the first day of October one thousand eight hundred and fifty-eight. Repeal of 2. The following Acts and sections and parts of sections of Acts and parts the Copyhold Acts are hereby repealed; that is to say, of Acts herein named. Repeal not to affect acts done, rights vested, &c. Acts not to extend to ecclesiastical The whole of the Act of the sixteenth and seventeenth of Victoria, chapter fifty-seven, intituled an Act to explain and amend the Copyhold Acts : So much of the eleventh section of the Copyhold Act, 1841, The whole of the second section of the Copyhold Act, 1852: 1852: The whole of the twenty-seventh section of the Copyhold All the provisions of the Copyhold Acts which authorise (a) See the Statute Law Revision Act, 1892. 3. This repeal shall not affect any commutations or enfranchisements or charges already effected, or any rights or remedies attaching thereto, or any acts done in pursuance of .the Act or provisions hereby specifically repealed, or rights or remedies vested by or resulting therefrom. 4. The Copyhold Acts shall not extend to any manors belonging, either in possession or reversion, to any ecclesias tical corporation, or to the Ecclesiastical Commissioners for manors, where England, where the tenant hath not a right of renewal. tenant has not a right of enfranchise 5. Whenever it shall appear to the Copyhold Commission- renewal. ers (a) that an enfranchisement under the Copyhold Acts is one Application of which might have been effected under the provisions of the Act consideration of the fourteenth and fifteenth of her Majesty, chapter one moneys in hundred and four, intituled an Act to facilitate the management cases where and improvement of episcopal and capitular estates in England, ments might so long as that Act or any Act for continuing the same shall have been be in force, the moneys or rent-charges which form the con- effected under sideration of such enfranchisement shall be paid and applied 14 & 15 Vict. to the same account and in the same manner as if such c. 104. enfranchisement had been effected under the said Act of the fourteenth and fifteenth of her Majesty; and all the provisions of the said last-mentioned Act which affect the application of enfranchisement moneys under that Act shall be applicable to such enfranchisements as aforesaid made under the provisions of the Copyhold Acts; and the Church Estates Commissioners and Ecclesiastical Commissioners shall respectively have the same powers over such consideration moneys, or the interest accruing thereon, or upon land, rent-charges, or securities acquired in respect of such enfranchisements, and also over or against any ecclesiastical corporation interested therein, as such Commissioners respectively would have had if such enfranchisement had been effected with the consent of the Church Estates Commissioners, and under the provisions of the said Act of the fourteenth and fifteenth of her Majesty or any Act continuing the same: but where any ecclesiastical corporation within the meaning of the said last-mentioned Act, or the said Ecclesiastical Commissioners have only a reversionary interest in the manorial rights extinguished by enfranchisement, the consideration for such enfranchisement shall be dealt with in the manner directed by the thirty-ninth section of the Copyhold Act, 1852, until the time when the said reversionary interest in the same manorial rights would, if the same had not been extinguished, have come into possession, when the said consideration, or any government securities in which it may have been invested, shall, upon petition to the Court of Chancery, be paid or transferred to the said Church Estates Commissioners, who shall be considered the parties become absolutely entitled to such money, to be dealt with as if they had come into possession thereof in consequence of an enfranchisement effected under the said Act of the fourteenth and fifteenth of her Majesty. 6. Notwithstanding the first section of the Copyhold Act, Tenant or 1852, it shall be lawful, from and after the passing of this lord of certain (a) These Commissioners are now represented by the Board of Agri culture: 52 & 53 Vict. c. 30. copyhold land may compel enfranchise ment. Lord or tenant may compel extinguishment of claim to heriots. Mode of effecting compulsory enfranchisements. Act, for any tenant or lord of any copyhold lands to which the last admittance shall have taken place before the first of July one thousand eight hundred and fifty-three, or any freehold or customary freehold lands in respect of which the last heriot shall have become due or payable before the first of July, one thousand eight hundred and fifty-three, to require and compel enfranchisement of the said lands in the manner herein and in the said Act mentioned: provided always, that no such tenant shall be entitled to require such enfranchisement until after payment or tender (in the case of copyhold lands) of such a fine and of the value of such a heriot, and in the case of freehold and customary freehold lands of the value of such a heriot as would become due or payable in the event of admittance or [death] enrolment on alienation subsequent to the first of July, one thousand eight hundred and fifty-three, and also in the case both of copyhold and of freehold or customary freehold lands, of two-thirds of such a sum as the steward would have been entitled to for fees in respect of such admittance or [heriot] enrolment. The words "enrolment on alienation were substituted for the word "death;" and the final word "enrolment " for the word "heriot," by sect. 9 of the Copyhold Act, 1887. 7. [Repealed by the Copyhold Act, 1887, sect. 51; see sect. 7 thereof.] 8. When any lord or tenant shall, under the provisions of the Copyhold Act, 1852, or of this Act, require the enfranchisement of any land held of a manor, he shall give notice in writing (the lord or his steward to the tenant, or the tenant to the lord or his steward,) of his desire that such land shall be enfranchised; and the consideration to be paid to the lord for such enfranchisement, and also the sum to be paid to the lord in respect of such fine or heriot as mentioned in the last preceding clause, shall, unless the parties agree about the same, be ascertained under the directions of the Copyhold Commissioners, and upon a valuation to be made in the manner following that is to say, Where the manorial rights to be compensated shall consist only of heriots, rents, and licences at fixed rates to demise or fell timber, or any of these, or where the land to be enfranchised shall not be rated to the poor's rate, at a greater amount than the net annual value of [twenty] thirty pounds, then the valuation shall be made by a valuer to be nominated by the justices at a petty sessions holden for the division or place in which the manor or the chief part thereof is situate; provided that no justice, being lord, either in whole or in part, of such manor, shall take any part in nominating such valuer; subject, however, to these provisoes: first, that if the parties agree to recommend to the Commissioners any person to be the valuer, such person shall be nominated by the Commissioners; and second, that either party may, upon paying the charges of his own valuer, have the valuation made as next hereinafter provided. But when the manorial rights to be compensated do not consist only of rents and heriots and such licences as aforesaid, or when the land to be enfranchised is rated to the poor's rate at a greater amount than the net annual value of [twenty] thirty pounds, or where the valuation to be made is of the sum to be paid to the lord in respect of such fine or heriot as mentioned in the last preceding clause, then the valuation shall, unless the parties agree to refer it to one valuer, be made by two valuers, one to be appointed by the lord, and the other by the tenant; and such two valuers, before they proceed, shall appoint an umpire, to whom any points in dispute between them shall be referred; and in case the valuer or valuers or umpire, as the case may be, shall not make a decision and deliver the particulars thereof in writing to the lord or the steward and to the tenant, and to the Copyhold Commissioners, within forty-two days after the appointment of such valuers, or reference of the matter to the umpire, as the case may be, then the Commissioners shall fix the consideration to be paid or rendered to the lord; and in any case where, after notice to the lord or to the steward or to the tenant so to do, either party shall neglect or refuse, for twenty-eight days, to appoint his valuer, the Commissioners shall appoint a valuer for him as soon as may be after the expiration of such twenty-eight days; and in any case where any valuers shall, for the space of fourteen days after the appointment, be unable to agree in the appointment of an umpire, the Commissioners shall appoint an umpire. By sect. 10 of the Copyhold Act, 1887, the word "thirty" was substituted for the word "twenty" in the above section, and certain further modifications were made. See also sect. 3 of the Copyhold Act, 1887, as to the ascertainment of the compensation. 9. The Commissioners may, by an order under seal, extend Extension of the time within which this Act directs that any valuer be time for appointed, or any act to be done by such valuer be per- appointments, formed. &c. 10. After the valuation has been made, or upon the receipt Award of of the agreement of the parties, the Commissioners, having enfranchisemade such inquiries concerning the circumstances of the case ment. Corn rent calculated as tithe rentcharges. as to them shall seem fit, and having duly considered the applications made to them by the parties, may frame an award of enfranchisement in the terms of the valuation, and in such form as they shall provide, and may confirm the same; and such confirmed award shall have the same force and validity for all purposes of enfranchisement or otherwise as a deed of enfranchisement now has under the provisions of the Copyhold Acts, or would have had under any provision of the Copyhold Acts, which is by this Act repealed; and for all purposes of declaring the amount, nature, and particulars of the compensation, and for attaching thereto the remedies provided by the Copyhold Acts, the said confirmed award shall have the same force and validity as an award made by valuers or an umpire under the provisions of the Copyhold Acts: provided nevertheless, that nothing herein contained shall affect the right of the steward for the time being of any manor to receive such sum of money by way of compensation or otherwise as he would have been entitled to if such enfranchisement had been effected by a deed of enfranchisement under the provisions of the Copyhold Acts or any of them: provided also, that the Commissioners shall, fourteen clear days before confirmation of any such award, serve a copy of the same in the form in which it is proposed to be confirmed upon the steward of the manor of which the lands to be enfranchised are held. See sect. 22 of the Copyhold Act, 1887, as to serving copy of the award on the steward. 11. Whenever a rentcharge hereafter granted under the charges to be provisions of the Copyhold Acts shall be a rentcharge varying with the price of corn, such rentcharge shall not be calculated in the manner now directed by the Copyhold Acts, but shall be calculated upon the same averages and variable in the same manner as a tithe commutation rentcharge; but this amendment shall apply only to corn rentcharges hereafter to be imposed, and not to any already existing under the authority of the Copyhold Acts, but these last-named corn rentcharges shall retain their former character and incidents. See sect. 14 of the Copyhold Act, 1887. Receipts for 12. The Commissioners shall not confirm any award of enconsideration franchisement where the consideration is a gross sum of money money, &c. to immediately payable, or land, until the receipt of the person be produced. entitled to receive the consideration or compensation money has been produced to them, or the conveyance of the land has been confirmed by them. In case of refusal by lord. 13. If the lord refuse to receive the enfranchisement money it shall be dealt with as is provided in cases where the lord is only entitled for a limited estate. |