Power for Board to continue condi is or is not any special hardship, is in itself the determination of an inferential fact to be decided by the Board, and that the Court cannot review the decision of the Board. (2.) Where the Board suspend a proposed enfranchisement under this section they shall state their reasons for doing so in their annual report which is by this Act directed to be laid before Parliament. See sect. 90, post, as to the reports to be made by the Board and laid before both Houses of Parliament. 13. On a compulsory enfranchisement under this Act, in any case where the tenant was admitted subject to any tions to user. condition affecting the user of the land and imposed for the benefit of the public or of the other tenants of the manor, and in the opinion of the Board of Agriculture some special hardship or injustice would result if the land were released from the condition, the Board may continue and give effect to the condition by the award of enfranchisement. Power to effect voluntary enfranchisement. This section repeats the provisions to the like effect_contained in sect. 8 of the Copyhold Act, 1887, which appear to have been enacted in consequence of the decision in Brabant v. Wilson, L. R. 1 Q. B. 44. See the Treatise, pp. 393, 394. PART II.-VOLUNTARY ENFRANCHISEMENT. 14. (1.) The lord of any manor may with the consent of the Board of Agriculture enfranchise any land held of the manor, and any tenant may with the consent of the Board accept an enfranchisement of his land. (2.) The enfranchisement may be on such terms as subject to the provisions of this Act are settled by agree ment between the lord and the tenant. (3.) If the estate of the lord or of the tenant parties to the enfranchisement is less than an estate in fee simple in possession or corresponding copyhold or customary estate, and the tenant has not paid the whole of the cost of enfranchisement, the lord or tenant respectively shall give notice in writing of the proposed enfranchisement to the person entitled to the next estate of inheritance in remainder or reversion in the manor or land to be affected by the enfranchisement. This section re-enacts the provisions contained in sect. 56 of the Copyhold Act, 1841, as amended by the provision contained in sect. 13 of the Copyhold Act, 1843, which permitted the notice to the person next entitled in remainder or reversion to be dispensed with where the enfranchising tenant paid the whole of the compensation due, and the costs. See the Treatise, pp. 365, 366. See sect. 45 of this Act for provisions dealing with the case of the person entitled to the notice being under legal disability, or being abroad. 99 66 A form of the notice will be found on p. 492 of the Treatise. Definitions of the terms "lord,' 'manor," "land," and "tenant," will be found in sect. 94, post. 15.-(1.) The consideration for a voluntary enfranchise- Considerament under this Act may be either— (a) a gross sum payable at once or at any time fixed by the agreement; or (b) a rentcharge charged on and issuing out of the land enfranchised; or (c) a conveyance of land or of a right to mines or minerals; or (d) a conveyance of a right to waste in lands belonging to the manor, or may be provided partly in one and partly in another or others of those ways. (2.) Land or a right to mines or minerals, subject to the same or corresponding uses and trusts with the land enfranchised may be conveyed as consideration under this section. (3.) Where the estate of the lord is less than an estate in fee simple in possession, and land not parcel of the manor, or a right to mines or minerals, not in or under the land enfranchised, is conveyed as consideration under this section, the land or right must be convenient in the opinion of the Board of Agriculture to be held with the manor, and must be settled to uses or on trusts identical with or corresponding to those to or on which the manor is held. This section re-enacts the provisions to the like effect contained in sect. 56 of the Copyhold Act, 1841, sect. 1 of the Copyhold Act, 1843, and sect. 5 of the Copyhold Act, 1844. See the Treatise, p. 369. See sect. 17, post, for provisions dealing with the case where the enfranchisement consideration is a rent-charge. Sect. 9 of the Copyhold Act, 1843, provided, that where the consideration for the enfranchisement consisted of land which was subject to any lease, the person to whom the land was conveyed was to be deemed as placed in the position of reversioner on the lease, and might distrain for the rent, and enforce the covenants. That provision has not been repeated in this Act: but it seems to be clear that the land would be conveyed subject to the lease, and that the lord would, as an assign of the lessor, be entitled to enforce payment of the rent, and performance of the covenants contained in the lease having reference to the land, and on the lessee's part to tion for volun tary enfran chisement. Voluntary enfranchise be observed or performed, under sect. 10 of the Conveyancing, &c. Act, 1881. 16. (1.) A voluntary enfranchisement under this Act ment to be by may be effected with the consent of the Board of Agriculture by such a deed as would be proper on an enfranchisement by a lord seised of the manor for an absolute estate in fee simple in possession. deed. Provisions for rentcharges under Act. This sub-section re-enacts the corresponding provisions contained in sect. 57 of the Copyhold Act, 1841, as varied by sect. 2 of the Copyhold Act, 1858. (2.) Where any person is entitled to notice of the proposed enfranchisement, the assent or dissent or acquiescence of that person in respect of the enfranchisement may be stated in writing to the Board of Agriculture when the enfranchisement deed is sent to them for confirmation. If any dissent in writing has been expressed, the Board shall withhold their consent to the deed until they have made further inquiries, and are satisfied that the agreement is not fairly open to objection. (3.) The Board may in every case cause any such further notices to be given and inquiries to be made as they think proper, before consenting to the enfranchisement deed. Sub-sections (2) and (3) re-enact provisions to the like effect contained in sect. 56 of the Copyhold Act, 1841. 17. Where any part of the consideration for a voluntary enfranchisement under this Act is a rent-charge(1.) The rent-charge may be (a) a fixed annual sum, or (where it exceeds the sum of twenty shillings, an annual sum varying with the price of corn and calculated upon the same averages and variable in like manner as a tithe commutation rentcharge and (2.) The rent-charge may be made subject to an increase or diminution to be stated in the enfranchisement agreement, or afterwards fixed by valuers, in any event which is provided for in the agreement: and (3.) The tenant may grant the rent-charge by deed to the lord and his heirs to the uses on the trusts and subject to the powers and provisions subsisting at the date of the enfranchisement with respect to the manor of which the land enfranchised is held: and (4.) The rent-charge may be charged on all or any part of the land enfranchised. This section re-enacts the provisions as to rent-charges contained in sect. 52 of the Copyhold Act, 1841, and sects. 1 and 2 of the Copyhold Act, 1843, as amended by sect. 41 of the Copyhold Act, 1852 (which enacted that it should not thereafter be necessary to make any enfranchisement rent-charge variable with the prices of grain), and as further amended by sect. 11 of the Copyhold Act, 1858, which directed that if a rent-charge were thereafter granted, to be variable with the price of corn, it should be calculated upon the same averages and variable in the same manner as a tithe commutation rent-charge. 18. Where any part of the consideration for an enfran- Provisions chisement under this Act is the conveyance of land or of where land is a right to mines or minerals, or of a right to waste, the conveyed as consideration tenant may convey the land or right to the lord and his under this heirs to the uses on the trusts and subject to the Part. powers and provisions subsisting at the date of the enfranchisement in respect of the manor of which the land enfranchised is held. This section repeats the provisions to the like effect contained in sect. 3 of the Copyhold Act, 1843. The provisions contained in sect. 5 of the Copyhold Act, 1844, to the effect that the land, or the right to mines or minerals, to be conveyed as the enfranchisement consideration should be such as in the opinion of the Board could be conveniently held with the manor, are re-enacted as to certain cases by sect. 15, sub-s. (3), of this Act. See the Treatise, p. 369. sideration to 19.-(1.) Where a voluntary enfranchisement is effected Enfranchiseunder this Act, the land enfranchised shall be charged ment conwith every sum payable to the lord in respect of the be a charge enfranchisement, with interest thereon from the day fixed on land till by the enfranchisement deed for payment thereof until paid. payment thereof. (2.) The lord shall be deemed to be seised of the land subject to a charge under this section as mortgagee in fee, and may distrain on the land for any interest due in respect of the charge as if it were rent in arrear. (3.) A charge under this section shall be a first charge on the land subject thereto, and shall have priority over all incumbrances whatsoever affecting the land (except tithe rent-charge and any charge having priority by statute), notwithstanding that those incumbrances are prior in date. This section re-enacts the provisions contained in sects. 70 and 71 of the Copyhold Act, 1841, which were expressly repealed by the Statute Law Revision Act, 1874 (No. 2). The necessity for the reenactment of these provisions is not apparent, for the deed by which a voluntary enfranchisement is effected operates only when the Board have confirmed it (see sect. 20, post), and it is understood that in practice the Board never confirmed a deed until it appeared that the consideration had been paid, and thus the lord was pro Commencement of enfranchisement. On enfran. chisement land to become freehold. tected, and there was no necessity for giving him a charge over the -any charge having priority by statute.-These words did not 20. The date at which a voluntary enfranchisement under this Act shall take effect, and the commencement of a rent-charge in consideration of a voluntary enfranchisement under this Act, may be fixed by the memorandum of confirmation of the enfranchisement deed, and if not so fixed shall be the date of the confirmation of the deed by the Board of Agriculture. This section repeats the provisions to the like effect contained in sect. 18 of the Copyhold Act, 1858. PART III.-EFFECT OF ENFRANCHISEMENT. 21.-(1.) When an enfranchisement is made under this Act the following provisions shall, from and after the time when the enfranchisement takes effect, apply with respect to the land enfranchised: (a) The land shall be of freehold tenure; (b) The lord shall be entitled, in case of an escheat for want of heirs, to the same right as he would have had if the land had not been enfranchised; (c) The land shall not be subject to the custom of borough English, or of gavelkind, or to any other customary mode of descent, or to any custom relating to dower or freebench or tenancy by the curtesy, or to any other custom whatsoever, but shall be subject to the same laws relating to descents, and dower, and curtesy as are applicable to land held in free and common socage: The foregoing clauses (a) and (c) of this sub-section embody provisions to the like effect contained in sect. 81 of the Copyhold Act, 1841, and sect. 34 of the Copyhold Act, 1852, respectively, clause (b) repeating the provisions of sect. 4 of the Act of 1887. See the Treatise, p. 414. |