Power to advance sums required for purposes of Act. Certificates of charge. his mortgage, and the mortgaged property shall not be redeemable without payment of that amount and interest thereon. A provision to this effect was contained in sect. 43 of the Copyhold Act, 1852. 40. Any company authorised to make advances for works of agricultural improvement to owners of settled and other estates, may, subject and according to the provisions of its Act of Parliament, charter, deed, or instrument of settlement, make advances to owners of settled and other estates of such sums as may be required for the payment of any compensation or consideration for enfranchisement under this Act, or of any expenses chargeable on a manor or land under this Act or otherwise, and take for their repayment a charge for the same in accordance with those provisions respectively. This section re-enacts the provisions contained in the last part of sect. 23 of the Copyhold Act, 1887. 41.—(1.) A certificate of charge under this Act shall be under the seal of the Board of Agriculture, and shall be countersigned by the person at whose instance the charge is made. (2.) If the charge is by way of terminable annuity the certificate shall state the amount of the annuity and the term during which it is payable. (3.) If the charge is for a principal sum and interest the certificate shall state the amount of the principal sum and the rate of interest, and shall contain a proviso declaring that the certificate shall be void on payment of the principal with any arrears of interest due thereon at a time specified in the certificate or at the expiration of an ascertained notice. (4.) The manor or land charged by the certificate may be described by reference to the proceedings under this Act in respect of which the charge is made, or otherwise as the Board of Agriculture see fit. These four sub-sections re-enact the provisions of sect. 29 of the Copyhold Act, 1858. (5.) The certificate and the charge made thereby shall be transferable by indorsement on the certificate. This sub-section re-enacts sect. 30 of the Copyhold Act, 1858. (6.) A certificate of charge taken by the lord of any manor or by the tenant or owner of any land shall not merge in the freehold or other estate in the manor or land unless the owner of the charge, by endorsement on the certificate or otherwise, declares in writing his intention that the charge shall merge. This subsection repeats the provisions of sect. 34 of the Copyhold Act, 1858. (7.) The owner for the time being of a certificate of charge shall have for the recovery of any sum in the nature of interest or periodical payment becoming due under the certificate the like remedies as the owner of a rentcharge under this Act has in respect of his rentcharge, and shall also have, in respect of every sum whether in the nature of interest or periodical payment or principal sum secured by the certificate, the like remedies as a mortgagee in fee simple of freehold land has in respect of the principal sum and interest secured by his mortgage. This subsection replaces sect. 35 of the Copyhold Act, 1858. (8.) A certificate of charge and a transfer thereof may be in the forms contained in that behalf respectively in the First Schedule to this Act, or in forms to the like effect. This subsection and the forms contained in the First Schedule to this Act re-enact sects. 36 and 37 of the Copyhold Act, 1858, with a variation, however, in the form of the certificate of charge which was provided by sect. 36 of the Copyhold Act, 1858. PART V.-ADMINISTRATIVE PROVISIONS. Notice of Right to Enfranchise. 42.-(1.) On the admittance or enrolment of any tenant, the steward of the manor shall, without charge, give to the tenant admitted or enrolled, a notice of his right to obtain enfranchisement. (2.) The notice shall be in the form contained in that behalf in the First Schedule to this Act, or in a form to the like effect. (3.) If a steward neglects on any admittance or enrolment to give the notice required by this section, he shall not be entitled to any fee for that admittance or enrolment. This section, together with the form contained in the Schedule, re-enact the provisions of sect. 1 of the Copyhold Act, 1887. See the Treatise, p. 70. E. D nited owners. Trustees. Representation of infants, lunatics, &c. Married woman for purposes of Act to be feme sole. Steward in general to represent lord. Parties to Proceedings under Act. 43. Anything by this Act required or authorised to be done by a lord or by a tenant may be done by him notwithstanding that his estate in the manor or land is a limited estate only. A provision to this effect was contained in sect. 39 of the Copyhold Act, 1887. 44. (1.) Anything by this Act required or authorised to be done by a lord or by a tenant may be done by him notwithstanding that he is a trustee. (2.) Where the lords or the tenants are trustees and one or more of the trustees is abroad or is incapable or refuses to act, any proceedings necessary to be done by the trustees for effecting an enfranchisement under this Act may be done by the other trustee or trustees. Section 39 of the Copyhold Act, 1887, contained a provision similar to that in sub-sect. (1) above. Sub-section (2) re-enacts sect. 40 of the Act of 1887. See the Treatise, pp. 377, 382. 45. When a lord or a tenant or any person interested in an enfranchisement or redemption or sale or otherwise under this Act is an infant or a lunatic, or is abroad or is unknown or not ascertained, anything by this Act required or authorised to be done by or in respect of him shall be done on his behalf, if he is an infant and has a guardian, by his guardian, and if he is a lunatic and there is a committee of his estate, by the committee, and if he is abroad and has an attorney authorised in that behalf, by his attorney, and in every other case by some fit person appointed by the Board of Agriculture to represent him for the purposes of this Act. Provisions to the like effect were contained in sects. 11 and 56 of the Copyhold Act, 1841, and sect. 39 of the Copyhold Act, 1887. 46. A married woman being lady of a manor or tenant shall, for the purposes of this Act, be deemed to be a feme sole. This section re-enacts a provision to the like effect contained in sect. 39 of the Copyhold Act, 1887. 47. (1.) A lord for the purposes of this Act may act either on his own behalf, or by his steward, or may appoint an agent other than his steward to act for him. (2.) Unless and until a lord has given to a tenant and to the Board of Agriculture notice in writing that he intends to act on his own behalf, or has appointed an agent (to be named in the notice) other than his steward to act for him, the steward shall for the purposes of this Act represent the lord in all matters of procedure, and the tenant and the Board may treat the steward as the agent of the lord for the purpose of giving and receiving notices, and (except where this Act expressly requires a special authority from the lord) of making agreements, and of all other matters relating to enfranchisement. This section replaces sect. 33 of the Copyhold Act, 1887. See the Treatise, p. 311, as to the matters in which the steward, as a general rule, represents the lord. For a definition of "steward" as used in this Act, see sect. 94, post. -except where this Act expressly requires a special authority. -See sect. 23 (2) and sect. 86 (5) of this Act. 48. (1.) A lord or tenant or other person interested in Appointment any proceedings under this Act may by power of attorney of agent by appoint an agent to act for him in the execution of this Act. (2.) The power of attorney must be in writing, and must be signed by the person giving it, or, if it is given by a corporation aggregate, be sealed or stamped with the seal of the corporation. (3.) The power of attorney, or a copy thereof authenticated by the signature of two witnesses, must be sent to the Board of Agriculture. (4.) The appointment of an agent under this section may be revoked by the person who gave it sending to the Board notice in writing, signed or sealed as the case requires, of the revocation. (5.) When an agent has been appointed under this section, and the agency is subsisting (a) everything which is by this Act directed or autho rised to be done by or in relation to the principal, (b) the agent may concur in and execute any agree- (c) every person shall be bound by the acts of the agent acting within his authority, as if they were the acts of the principal. power of attorney. Death pending proceedings. Succession of rights and liabilities. Power to require de claration as to lord's title. (6.) A power of attorney under this section may be in the form mentioned in that behalf in the First Schedule to this Act, or in a form to the like effect. This section incorporates and re-enacts the provisions of sects. 39 and 40 of the Copyhold Act, 1858. See the Treatise, pp. 377, 378, and 381. 49.-(1.) The proceedings for or in relation to an enfranchisement under this Act shall not abate by the death of the lord or tenant pending the proceedings. A provision to this effect was originally contained in sect. 41 of the Copyhold Act, 1841, and it was repeated in sect. 31 of the Copyhold Act, 1887. See the Treatise, pp. 378 and 382. (2.) Where an admittance or enrolment is necessary in consequence of the death, the admittance or enrolment shall be made, but no fine, relief, or heriot shall be payable to the lord in consequence of a death or any admittance or enrolment on a death occurring between the date of a notice to enfranchise or a completed agreement for enfranchisement under this Act, and the enfranchisement in pursuance of that notice or agreement, and the compensation shall be ascertained on the same footing as if the enfranchisement had been effected immediately after the commencement of the proceedings. This sub-section re-enacts the provisions to the same effect contained in sect. 31 of the Copyhold Act, 1887, which over-ruled the decision in Myers v. Hodgson, 1 C. P. Div. 609, that the lord was entitled, under the provisions of sect. 1 of the Copyhold Act, 1852, to a fine on the new admittance. 50. All rights conferred and all liabilities imposed by this Act on a lord or on a tenant shall be held to be conferred and imposed respectively on the successors in title of the lord and tenant unless a contrary intention appears. This section re-enacts the provisions of sect. 38 of the Copyhold Act, 1887. 51.—(1.) Before any enfranchisement under this Act the Board of Agriculture may if they think fit require the lord or his steward to make a statutory declaration in such form as the Board direct, stating who are the persons for the time being filling the character or acting in the capacity of lord, the nature and extent of the estate and interest of the lord in the manor, and the date and short particulars of the deed, will, or other instrument under which he claims or derives the title, and the name and style of the |